Graham v. Burgiss
Supreme Court of South Carolina
Before Watts, J., Greenville, Action by C. E. Graham against W. W. Burgiss. From judgment of the plaintiff, defendant appeals. cite: Authority of an officer will not be presumed from an act: SI Ency., 855, 859. No' evidence as to damages: 26 Ency., 859. Specific performance on contract of sale of stock will not be enforced except tvhen it has a special value: 2 Thomp. on Carp., secs. 2435, 2728; 32 S. C., 203; 41 S. C., 349. Interest only due on each payment after due: 29 $.…
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Before Watts, J., Greenville, Action by C. E. Graham against W. W. Burgiss. From judgment of the plaintiff, defendant appeals. cite: Authority of an officer will not be presumed from an act: SI Ency., 855, 859. No' evidence as to damages: 26 Ency., 859. Specific performance on contract of sale of stock will not be enforced except tvhen it has a special value: 2 Thomp. on Carp., secs. 2435, 2728; 32 S. C., 203; 41 S. C., 349. Interest only due on each payment after due: 29 $. C., 596; 66 S. C., 379. cites: Defendant cannot now say plaintiff has no title: 58 S. C., 269. Possession is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This aotioni was brought by the plaintiff to recover the purchase money of certain shares of stock in the Franklin Cotton Mill. The contract of purchase was made by defendant with Huguenot Mills, and the defense mainly relied on was that Huguenot Mills had never transferred its interest to the plaintiff, and that, therefore, the defendant was not liable to him for the purchase money. The Circuit Judge directed a verdict for the plaintiff. The defendant offered no testimony and made no question of the credibility of the testimony on…
2Cases cited2 opinions
- Woods v. CramerSupreme Court of South Carolina · 1891
- County of Lancaster v. Cheraw & Chester RailroadSupreme Court of South Carolina · 1888
3Cited by3 opinions
- Wilder Corp. v. WilkeSupreme Court of South Carolina · 1998
- Chicago Mill & Lumber Co. v. TownsendAppellate Court of Illinois · 1916
- Wilder Corp. v. WilkeCourt of Appeals of South Carolina · 1996