Ruberg v. Brown
Supreme Court of South Carolina
Before Earle, J., Barnwell, November, 1896. Action by Theo. Ruberg against Simon Brown, for damages for falsely representing certain lands in Barnwell County to be of equal value to property in Chicago, exchanged by Ruberg with Brown for the Barnwell lands. Defendant demurred, because complaint did not state cause of action. Demurrer sustained, but plaintiff allowed to amend. Defendant appeals. cite: What misrepresentations actionable: 37 N. E., 819; 2 Allen, 212; 29 At.
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Before Earle, J., Barnwell, November, 1896. Action by Theo. Ruberg against Simon Brown, for damages for falsely representing certain lands in Barnwell County to be of equal value to property in Chicago, exchanged by Ruberg with Brown for the Barnwell lands. Defendant demurred, because complaint did not state cause of action. Demurrer sustained, but plaintiff allowed to amend. Defendant appeals. cite: What misrepresentations actionable: 37 N. E., 819; 2 Allen, 212; 29 At. R., 367; 105 U. S., 553; 2 E. D. Smith, 424; 11 Mich., 68. Representations as to value not actionable: 102 Mass., 217; 114…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
A demurrer to the complaint in this case having been sustained on the ground that it did not state facts sufficient to constitute a cause of action, the Circuit Court granted leave to plaintiff to serve an amended complaint. This is an appeal by defendant from so much of the order as grants leave to amend.
1 The Code does not authorize the substitution of a new cause of action by way of amendment. Litty v. R. R. Co., 32 S. C., 142; Kennerty v. Etiwan Phosphate Co., 21 S. C., 240; but in its desire that causes shall be tried on their…
2Cited by23 opinions
- Miller v. Premier Corp.Court of Appeals for the Fourth Circuit · 1979
- J.B. Colt Company v. BrittSupreme Court of South Carolina · 1924
- Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
- Orenstein v. Star Ins. Co.Court of Appeals for the Fourth Circuit · 1926
- Orenstein v. New Jersey InsuranceSupreme Court of South Carolina · 1925
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