Legal Opinion

DuPont v. DuBos

Supreme Court of South Carolina

Decided April 6, 1898PublishedCited by 15 opinions

Before Benet, J., Charleston, June,,1896. Action by Gilbert Geddes DuPont v. Elizabeth C. S. DuBos, and B. H. Rutledge, as executor of B. Rutledge, deceased. Judgment for plaintiff.

Read the full summary

Before Benet, J., Charleston, June,,1896. Action by Gilbert Geddes DuPont v. Elizabeth C. S. DuBos, and B. H. Rutledge, as executor of B. Rutledge, deceased. Judgment for plaintiff. Defendant, E. S. C. DuBos, appeals. cite: Complaint does not show that plaintiff exercised his option to rescind in proper time: 45 Vt., 342; 43 Vt., 299; 52 Vt., 383; 93 U. S., 62; 48 N. Y., 200; 9 Hare, 622; 5 DeC., M. & G., 139; 4 Paige, 537; 24 Wend., 74; 3 Seld., 220; 1 Ad. & Ell., 41; 5 R. I., 130; 46 Barb., 467; 32 Vt., 1; 16 Mich., 40; 90 Am. Dec., 555; 80 Am. Dec., 386; 42 Mich., 396; 13 Gray, 607.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

This action, which was commenced on the day of June, 1889, was once before this Court on appeal from the order of reference made by Judge Hudson, and on that appeal this Court affirmed the order appealed from, on the ground that the issues raised herein were equitable. 33 S. C., 389. At the reference all parties to the action offered testimony, and it came on to be heard before his Honor, Judge Benet, on the pleadings and testiT mony.

A demurrer was interposed on the ground that the complaint did not state facts sufficient to constitute…

2Cases cited1 opinion

  1. Van Dusen v. FridleySupreme Court Of The Territory Of Dakota · 1889

3Cited by15 opinions

  1. Windham v. HowellSupreme Court of South Carolina · 1907
  2. Eastern States Petroleum Co. v. Universal Oil Products Co.Court of Chancery of Delaware · 1946
  3. Taylor v. Palmetto State Life Ins. Co.Supreme Court of South Carolina · 1940
  4. Lanz v. NaddyNorth Dakota Supreme Court · 1957
  5. Shaffer v. Security Trust & Savings BankCalifornia Court of Appeal · 1935

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API