Patterson v. Orangeburg Fertilizer Co.
Supreme Court of South Carolina
Before Bowman, J., Barnwell, April term, 1920. Affirmed in part. Action by J. O. Patterson, Jr., against Orangeburg Fertilizer Co., Planters Bank and T. S. Cave.
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Before Bowman, J., Barnwell, April term, 1920. Affirmed in part. Action by J. O. Patterson, Jr., against Orangeburg Fertilizer Co., Planters Bank and T. S. Cave. From directed verdict for the defendants the plaintiff appeals. cite: Damages to crops a proper counterclaim to action on notes given for the fertiliser: 97 S.- C. 389. Sale was not on analysis only as in 104 S. C. 125; and the charge here is of an added poison, not on a shortage in guaranteed analysis: 111 S. C. 469. Latent defect excuses delay in bringing suit: 102 S. C. 295. Condition of crops competent evidence to show the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
This is a double action against a fertilizer company and its agent, on the one part, and a bank, on the other. The alleged cause of action against the fertilizer company and its agent is' for $27,000 damages growing out of the fact that certain fertilizers sold by the company to the plaintiff, and used by him in the cultivation of his crop in the year 1919, contained a deleterious ingredient, which, instead of being a benefit to the crop, poisoned the vegetation and ■caused serious loss of production. The character of the action is…
2Cases cited9 opinions
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Bierman v. . City Mills Co.New York Court of Appeals · 1897
- Poland v. MillerIndiana Supreme Court · 1884
- McClamrock v. FlintIndiana Supreme Court · 1885
- Gold Ridge Mining Co. v. TallmadgeOregon Supreme Court · 1903
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3Cited by19 opinions
- Basin Oil Co. v. Baash-Ross Tool Co.California Court of Appeal · 1954
- Rutledge v. DodenhoffSupreme Court of South Carolina · 1970
- Nalbandian v. Byron Jackson Pumps, Inc.Arizona Supreme Court · 1965
- First National Bank of Arizona v. Otis Elevator Co.Court of Appeals of Arizona · 1965
- Reliance Varnish Co. v. Mullins Lumber Co.Supreme Court of South Carolina · 1948
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