Huffman v. Owings
Supreme Court of South Carolina
Before Whaley, County Judge, Richland, August, 1917. Appeal from an order sustaining a demurrer to complaint upon the ground that it failed to state facts sufficient to constitute a cause of action.
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Before Whaley, County Judge, Richland, August, 1917. Appeal from an order sustaining a demurrer to complaint upon the ground that it failed to state facts sufficient to constitute a cause of action. The complaint is as follows: The plaintiff above named, complaining of the defendant above named, alleges: (1) That on or about the 1st day of July, 1917, the defendant promised and agreed to sell to the plaintiff herein six hogs, which were then on the plantation or premises of one Mills, in Lexington county, S. C., for the sum of $60, and at that time accepted and received from the plaintiff $10…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an appeal from an order sustaining a demurrer to the complaint, on the ground that:
“It appears on the face of the complaint that it fails to state any cause of action for the reason that an action for specific performance of a contract for the sale of personal property, such as is described in the complaint herein, will not lie, but plaintiff's remedy, if he has any, is an action for damages on the law side of the Court.”
A copy of the complaint will be incorporated in the report of the case.
It is true the complaint fails…
2Cases cited2 opinions
- Latham v. HarbySupreme Court of South Carolina · 1897
- Parker v. Victoria Real Estate Co.Supreme Court of South Carolina · 1916
3Cited by1 opinion
- Bank of Johnston v. JonesSupreme Court of South Carolina · 1927