Mull v. Touchberry
Supreme Court of South Carolina
Before Whaley, County Judge, Richland, - term. Action by A. P. Mull and others against E. C. Touch-berry. From a judgment for plaintiff, defendant appeals.
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Before Whaley, County Judge, Richland, - term. Action by A. P. Mull and others against E. C. Touch-berry. From a judgment for plaintiff, defendant appeals. The second and third paragraphs of the second defense of the answer, directed to be reported, read as follows: 2. That on the 19th day of December, 1917, for a full consideration, the plaintiff sold and delivered to this defendant the automobile therein referred to, and received from him one used automobile and defendant’s check for eight hundred and fifty ($850) dollars, having received from plaintiff the day before the sum of forty-five…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is by the defendant from the charge of the Court. The action is on an unpaid check given by the defendant to the plaintiff in part payment of an automobile. The answer alleges that the vendor sold the vendee the machine upon a special warranty, expressed in the second and third paragraphs of the second defense. Let so much of the answer be reported.
The Court submitted those warranties to the jury upon proper instructions, and the verdict was for the plaintiff. The defendant desired the Court to instruct the jury that the…
2Cited by8 opinions
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