Hoover v. Thames
Supreme Court of South Carolina
Before Rice, J., Hampton, Action by J. R. Hoover against James F. Thames & Sons. Plaintiff appeals. cite: "Counterclaim not permissible: 30 S. C. 167; 54 S. C. 400; 90 S. C. 122. When equitable relief may be given: 45 S. C. 111. cite: No particular form for alleging counterclaim: 61 S. C. 320. Damages may be set up for breach of oral agreement: ■61 S. C. 166; 90 S. C. 454; 93 S. C. 99; 26 Stat. 161.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff sold defendants a planing mill and took their notes, secured by a mortgage of the mill, in part payment of the purchase money. Defendants having failed to pay the notes at maturity, and having refused to deliver the mortgaged property to plaintiff, on demand, this action was brought to recover possession thereof for the purpose of foreclosing the mortgage. The defendants’ first answer was a general denial. Subsequently, they moved for leave to amend their answer by setting up a counterclaim for damages, resulting to-them…
2Cases cited1 opinion
- Woodruff MacHinery Manufacturing Co. v. TimmsSupreme Court of South Carolina · 1912
3Cited by1 opinion
- Stokes v. Liverpool & London & Globe Ins.Supreme Court of South Carolina · 1925