Clinton Oil & Mfg. Co. v. Carpenter
Supreme Court of South Carolina
Action by the Clinton Oil & Manufacturing Company against J. H. Carpenter. Judgment for plaintiff, and defendant appeals.
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Action by the Clinton Oil & Manufacturing Company against J. H. Carpenter. Judgment for plaintiff, and defendant appeals. Kollo wing is the statement of the five questions argued by appellant and referred to in opinion: Kive questions are raised by the appeal: (1) Was there any testimony that the plaintiff notified the defendant and gave shipping instructions for the shipment of acid phosphate within the period contemplated by the contract and custom of the trade before the expiration of same? (2) Did the defendant waive his right to receive cash on or before May 1, 1917, for the fertilizer…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action for damages for breach of a contract; verdict for the plaintiff; appeal by the defendant.
The appellant has argued five questions; let the statement of them be reported as set down on the fourth and fifth pages of the brief.
There is no question about the existence of the contract. Omitting the irrelevant parts of it, the contract is in these words:
“J. H. Carpenter agrees that he will sell to the other parties to this contract * * * acid phosphate during the two seasons, May 1st, 1916, to May 1st, 1917, and May 1st, 1917, to May…
2Cases cited2 opinions
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Deschamps v. Railroad Co.Supreme Court of South Carolina · 1909
3Cited by3 opinions
- Tennessee Fertilizer Co. v. International Agr. Corp.Tennessee Supreme Court · 1921
- Kirkpatrick v. HardemanSupreme Court of South Carolina · 1921
- McCall Co. v. Hobbs-Henderson Co.Supreme Court of South Carolina · 1927