Whitesides v. Whisonant
Supreme Court of South Carolina
Before Wirson, J., York, December, 1915. Action by Wm. M. Whitesides and another against T. M. Whisonant and another. Judgment for defendants, and plaintiffs appeal. Mr. Brice cites: As to fraudulent promise: 93 Ala. 549. False representation: 50 Am. St. Rep. 824: Time within which to rescind: Ann. Cas. 1914b, 859; 36 Am. St. Rep.; Story’s Eq. Juris., sec. 193; 26 S. C. 275. Relation between partners: Story Eq. Juris., sec. 169; Lindley, Partnership, 303; Pom. Eq.
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Before Wirson, J., York, December, 1915. Action by Wm. M. Whitesides and another against T. M. Whisonant and another. Judgment for defendants, and plaintiffs appeal. Mr. Brice cites: As to fraudulent promise: 93 Ala. 549. False representation: 50 Am. St. Rep. 824: Time within which to rescind: Ann. Cas. 1914b, 859; 36 Am. St. Rep.; Story’s Eq. Juris., sec. 193; 26 S. C. 275. Relation between partners: Story Eq. Juris., sec. 169; Lindley, Partnership, 303; Pom. Eq. Juris. 891, 902; 119 Am. St. Rep. 524; 10 Colo. 481; 3 Am. St. Rep. 599; 129 111. 256; 15 Am. St. Rep. 112. Misrepresentations: 5…
1Opinion of the Court
■ The opinion of the Court was delivered by
Mr. Justice Watts.
This action was commenced for the rescission of a contract of partnership which is alleged that plaintiffs were induced by fraud and deceit to enter into with defendants, and to require the defendants to refund to the plaintiffs the money that they had fraudulently been induced to put in the partnership, and for an accounting, etc. After issue joined on the pleadings it was referred to J. E. McDonald, Esq., to hear and determine all issues of law and fact and report the same. He filed his report in April, 1915, and, exceptions being…
2Cases cited1 opinion
- Hickson Lumber Co. v. StallingsSupreme Court of South Carolina · 1912
3Cited by1 opinion
- Prosser v. ChapmanCourt of Appeals for the Fourth Circuit · 1924