Skudowitz v. Basha
Supreme Court of South Carolina
Before Hon. Edward McIvEr, special Judge, Charleston, April, 1916. Action by I. B. Skudowitz against F. N. Basha and others. From a judgment for plaintiff, defendants appeal. cite: As to issue raised by pleadings: 100 S. C. 389; 2 Ency. PI. & Pr. 1005 and 1376 ; 4 Cyc. 353-355; 9 Cyc. 733, 737. Want of consideration: 27 S. C. 621; 47 S. C. 176; 4 Enc. PI. & Pr. 946; Pom. Code Rem. (4th ed.), 812; 1 N. & McC. 189; 1 Brev. 230. Amendment: 96 S. C. 18, 21; 101 S. C. 527. .
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
This is an action on open account for goods (ladies’ dresses) sold and delivered to defendants. Plaintiff alleged that the goods were reasonably worth $290.00, and that defendants were indebted to him in that amount for them. The answer was a general denial. At the trial defendants offered to prove that the goods were defective in material and workmanship. The evidence was excluded as inadmissible under the general denial. Defendants then asked leave .to amend their answer to conform to the facts adduced. The -motion was refused,…
2Cases cited2 opinions
- Koennecke v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
- Derry v. HolmanSupreme Court of South Carolina · 1887
3Cited by2 opinions
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