Carroll v. Giles
Supreme Court of South Carolina
Before Fraser, J., Marlboro, June, 1888. This appeal was from the following decree: This case ivas heard by me at the term of the court held in June, 1888, upon the pleadings and testimony taken in open court, the answer of the defendant being read by consent as his testimony. It was agreed by consent that the whole case should be heard by the court, trial by jury being waived as to any issues in the case properly triable by a jury.
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Before Fraser, J., Marlboro, June, 1888. This appeal was from the following decree: This case ivas heard by me at the term of the court held in June, 1888, upon the pleadings and testimony taken in open court, the answer of the defendant being read by consent as his testimony. It was agreed by consent that the whole case should be heard by the court, trial by jury being waived as to any issues in the case properly triable by a jury. The contract set out in the complaint was properly established, there being no just cause for objection to the manner of its execution or to the consideration.…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The plaintiff and defendant entered into a written agreement, the important part of which was as follows : “Witnesseth that H. W. Carroll, of the first part, hereby promises and agrees to furnish all furniture necessary to run a complete barber shop. Said H. W. Carroll agrees to pay all current expenses of the shop, including rents, washing, oil, materials to run the business, &c. The said John H. Giles, of the second part, promises and agrees to keep the business diligently, to do all the work necessary to run the shop, and keep…
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