Murray Co. v. Peacock
Supreme Court of South Carolina
Before Bowman, J., Barnwell, 1920. Action by The Murray Co. against E. D. Peacock. From judgment for plaintiff the defendant appeals. cite: Aside from the express warranty in the contract is the implied warranty of a sound price and a sound commodity: 3 Strob., 64; 1 McC., 421; 12 S. C., 586; 102 S. C., 295. Affirmation 'of quality by the seller is a warranty: 80 S. C., 279. Seller by his acts may waive notice of defects: 35 Cyc., E. & Proc., 427. cites: Warranty not void as…
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Before Bowman, J., Barnwell, 1920. Action by The Murray Co. against E. D. Peacock. From judgment for plaintiff the defendant appeals. cite: Aside from the express warranty in the contract is the implied warranty of a sound price and a sound commodity: 3 Strob., 64; 1 McC., 421; 12 S. C., 586; 102 S. C., 295. Affirmation 'of quality by the seller is a warranty: 80 S. C., 279. Seller by his acts may waive notice of defects: 35 Cyc., E. & Proc., 427. cites: Warranty not void as against public policy: 9 Cyc., 483; 62 S. C., 145; 71 S. C., 508; 85 S. C., 405. Ten-day notice of defects required was…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for the credit portion of a cotton gin. The defendant admits the execution of the notes sued on, but sets up failure of consideration, and a counterclaim for damages for defective ginning. The defendant claims that the ribs of the gin were so far apart that the seed passed between them and “seeded” the cotton; that he did not discover the defect until he offered 88 bales of cotton for sale,, and then he found that the seeded cotton was worth three and one-half cents per pound less than properly ginned cotton. The…
2Cases cited1 opinion
- Westinghouse Electric & Mfg. Co. v. Glencoe Cotton MillsSupreme Court of South Carolina · 1916
3Cited by4 opinions
- Dugan v. TroutMissouri Court of Appeals · 1954
- Rainey v. SimonSupreme Court of South Carolina · 1927
- Knight v. Merritt Engineering & Sales Co.Supreme Court of South Carolina · 1929
- Baltazzi v. McCormickSupreme Court of South Carolina · 1929