Legal Opinion

Gunter v. Seivern & Knoxville R. R.

Supreme Court of South Carolina

Decided June 19, 1903PublishedCited by 2 opinions

Action by Marshall Gunter against Seivern and Knoxville Railroad Company. From order dismissing complaint on demurrer, plaintiff appeals. The latter cite: As to the rule of title by delivery, statute: Code, 1902, 2655; Gen. Stat., 1882, 2022. The general law: 21 Ency., 1 ed., 633, 661, 567, 568, 570, 571; Ben. on Sales, 3d ed., secs. 358, 391, 444, 459. (Reporter furnished no argument. )

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

This action is on an alleged contract to purchase crossties and lumber. When the complaint was read in open Court, the defendant interposed an oral demurrer to the same on the ground that the complaint failed to state facts sufficient to constitute a cause of action. The presiding Judge, by a short order, sustained the demurrer and dismissed the complaint. Thereupon the plaintiff appealed to this Court. Therefore, the question made by the appeal is, was the Circuit Judge in error in passing the aforesaid order? To correctly…

2Cited by2 opinions

  1. Frederick v. ChapmanSupreme Court of South Carolina · 1928
  2. Flowers v. Oakdale Realty and Water Corp.Supreme Court of South Carolina · 1970

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