Legal Opinion

Birlant v. Cleckley

Supreme Court of South Carolina

Decided February 10, 1897PublishedCited by 14 opinions

Before Benet, J., Charleston, Action by I. Birlant against M. M. Cleckley, doing business under the name and style of the Folding Trunk Company, upon a special contract for services. The following is' so much of the charge as is necessary to understand the questions: Although all of you are business men, it may be proper for me to briefly instruct you what is meant by a contract.

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Before Benet, J., Charleston, Action by I. Birlant against M. M. Cleckley, doing business under the name and style of the Folding Trunk Company, upon a special contract for services. The following is' so much of the charge as is necessary to understand the questions: Although all of you are business men, it may be proper for me to briefly instruct you what is meant by a contract. A contract is an agreement between two or more parties to do some particular thing, or it may be an agreement not .to do some particular thing. The underlying principles of the law of contracts is that it must be an…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The plaintiff brings this action to recover from defendant the balance alleged to be due him upon a special contract in writing, a copy of which is attached to and made a part of this complaint. The defendant answered, denying each and every allegation of the complaint except that she made the written agreement set forth in the complaint, but she alleges that such agreement was, “in all respects, set aside, and the plaintiff agreed to *304and did work for defendant by piece-work, for which he was fully paid.” Without undertaking to…

2Cited by14 opinions

  1. Peoples National Bank v. MorrisSupreme Court of Virginia · 1929
  2. Baker v. Berry Hill Mineral Springs Co.Supreme Court of Virginia · 1911
  3. H. G. Hall Construction Co. v. J.E.P. EnterprisesCourt of Appeals of South Carolina · 1984
  4. Hutson v. StoneSupreme Court of South Carolina · 1922
  5. Howard & Foster Co. v. Citizens Nat. BankSupreme Court of South Carolina · 1926

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