Eureka Elastic Paint Co. v. Bennett-Hedgpeth Co.
Supreme Court of South Carolina
Before Gary, J., Marlboro, Fall term, 1908. Action by Eureka Elastic Paint Company against Bennett-Hedgpeth Co. From, judgment directed for plaintiff, defendant appeals. cite: When right to recover should have been exercised: 24 Ency., 1111, 1089, 1081; 15 S. C., 118; 15 Ency., 1230; 23 Ency.. 585; 24 Ency., 1088, 1118; 57 S. €., 507. cite: Contract complete on delivery: 59 S. C., 588. Tender does not rescind contract: 46 S. C., 229. cite: Rescission not available under…
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Before Gary, J., Marlboro, Fall term, 1908. Action by Eureka Elastic Paint Company against Bennett-Hedgpeth Co. From, judgment directed for plaintiff, defendant appeals. cite: When right to recover should have been exercised: 24 Ency., 1111, 1089, 1081; 15 S. C., 118; 15 Ency., 1230; 23 Ency.. 585; 24 Ency., 1088, 1118; 57 S. €., 507. cite: Contract complete on delivery: 59 S. C., 588. Tender does not rescind contract: 46 S. C., 229. cite: Rescission not available under general denial: 27 S. C., 621; 47 S. C., 138. When contract may be rescinded: 2 Rich., 40; 37 S. C., 7; 40 S. C„ 110; 43 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This is an action on account for a lot of paints sold and delivered, and the appeal is from a judgment on a verdict directed by the Court in favor of plaintiff for $426.56, for the full amount claimed.
The plaintiff corporation- is a manufacturer of paints, with its principal place of business at Chicago, 111., and the defendant corporation conducts a mercantile business at Clio, S. C. On- February 14, 1906, defendant gave a written order signed by defendant and addressed to plaintiff, requesting immediate shipment to defendant…
2Cases cited7 opinions
- Ashe v. Car. & N. W. Ry. Co.Supreme Court of South Carolina · 1903
- Virginia-Carolina Chemical Co. v. MooreSupreme Court of South Carolina · 1901
- Coates & Sons v. EarlySupreme Court of South Carolina · 1896
- Earle v. OwingsSupreme Court of South Carolina · 1905
- Kauffman Milling Co. v. StuckeySupreme Court of South Carolina · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- Halsey v. Minnesota-South Carolina Land & Timber Co.Court of Appeals for the Fourth Circuit · 1928
- Yancey v. Southern Wholesale Lumber Co.Supreme Court of South Carolina · 1925
- Berry v. Marion County Lumber Co.Supreme Court of South Carolina · 1917
- United States ex rel. Sligh v. Fullerton Construction Co.District Court, D. South Carolina · 1968
2 more not listed; retrieve them via the Exa API.