Suber v. Pullin
Supreme Court of South Carolina
Before ORR, J., at Newberry, October, Extra Term, 1869. This case was brought up by writ of error from the Circuit Court for Newberry County. E. Súber, the defendant below, being the plaintiff in error. The action was assumpsit, and the declaration contained only the common counts in indebitatus assumpsit for goods and chattels sold and delivered, work and labor done, money paid, and money had and received.
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Before ORR, J., at Newberry, October, Extra Term, 1869. This case was brought up by writ of error from the Circuit Court for Newberry County. E. Súber, the defendant below, being the plaintiff in error. The action was assumpsit, and the declaration contained only the common counts in indebitatus assumpsit for goods and chattels sold and delivered, work and labor done, money paid, and money had and received. No bill of exceptions was filed, and the case was heard on a report of His Honor the presiding Judge, which is as follows: “This ivas an action of assumpsit for goods sold and delivered by…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
It is assigned that there was error, on the part of the Judge below, in holding that a recovery could not be had under the common counts, because the parties had entered into a special contract. It is settled, beyond controversy, that where there is a special contract existing and in full force, a resort for the breach of it cannot be had to the common counts. — 1 Chit. Pl., 342; Power vs. Wells, Cowp., 818; Weston vs. Downes, Doug., 23; Raymond et al. vs. Bearnard, 12 Johns., 274; Clark vs. Smith, 14 Johns., 326. It proceeds upon the plain…
2Cases cited2 opinions
- Raymond v. BearnardNew York Supreme Court · 1815
- Clark v. SmithNew York Supreme Court · 1817
3Cited by3 opinions
- Noland Company, Incorporated, and Third-Party and Cross-Appellant v. Graver Tank & Manufacturing Company, Third-Party and Cross-AppelleeCourt of Appeals for the Third Circuit · 1962
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- Sherwood Properties v. CommissionerUnited States Tax Court · 1987