H. J. McGrath Company v. Mobley

Under the facts of this case, the court erred in failing to submit to the jury the issue raised by the plea of non est factum and the evidence, and in granting the defendants' motion for a nonsuit.

DECIDED MARCH 15, 1949.

H. J. McGrath Company brought an action in the Superior Court of McDuffie County against Thomson Mercantile Company, a partnership composed of W. S. Mobley, H. T. Mobley, and O. P. Hunt, for an alleged breach of a written contract. Briefly summarized, the petition alleged that the plaintiff and the defendants entered into a contract in June 1946, whereby the plaintiff agreed…