Douglass v. Davie
Supreme Court of South Carolina
ASSUMPSIT — Tried before Mr. Justice Johnson, Fall Term, 1822. . The declaration contained three counts — one on an order, a copy of which is given below. One on an account stated for goods sold and delivered, and one for money had and received.
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ASSUMPSIT — Tried before Mr. Justice Johnson, Fall Term, 1822. . The declaration contained three counts — one on an order, a copy of which is given below. One on an account stated for goods sold and delivered, and one for money had and received. The plaintiff produced in evidence, a , letter from the defendant to himself, in the following words — “ Mr. James K. Douglass, your favor by Miv Lardy, was handed me a few days since, and according to your request, annexed you have an order for the cotton, which I supposed was delivered you long since, and I calculated that four bales would pay the…
1Opinion of the CourtJustice Nott
Every contract must be founded on a good or valuable consideration, and except when the action is on an instrument which carries on its face the evidence- of considera*tion, it must be averred in the declaration and proved. — . This order is not an instrument of that description. The plaintiff therefore could not recover on the first count. — - (Carlos vs. Fanconet, 5 D. & E. 482. Lansing vs. McKillip, 3 Caines, 286. Jerome vs. Whitney, 7 Johnson, 321. Gains vs. Hendrick, 2 Const. Rep. 339. )
I also concur with the presiding judge, that independent *220of the draft, and the letter accompanying it,…
2Cases cited1 opinion
- Lansing v. M'KillipNew York Supreme Court · 1805