Carter & Co. v. Kaufman
Supreme Court of South Carolina
Before Watts, J., Oconee, November term, 1902. Action by Carter & Co; against Otto Kaufman, Helena C. Kaufman, in her own right and as administratrix.
Read the full summary
Before Watts, J., Oconee, November term, 1902. Action by Carter & Co; against Otto Kaufman, Helena C. Kaufman, in her own right and as administratrix. From judgment for defendants, plaintiffs appeal on the following exceptions: “1. Because it was error for the Circuit Judge to hold and charge the jury as follows: ‘If you find that the plaintiffs did rescind the contract by striking out the forfeiture, then the verdict will be for the defendant; the error being, it is respectfully submitted, in charging, virtually, that if the plaintiffs co.uld not recover under the forfeiture clause of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action on a contract entered into between the plaintiffs and the defendants, on the. 18th of July, 1899, whereby the defendants agreed to erect on their own land, a brick storehouse by the 30th September, 1899, and to rent the same, when completed, to the plaintiffs for four years at the price of $35 per month. The plaintiffs, on their part, agreed to take the building at said price, “Provided they do1 business in Walhalla that long.” The contract also contained this provision: “And the said parties of the second part, agree…
2Cited by6 opinions
- Robert E. Lee & Co. v. Commission of Public WorksSupreme Court of South Carolina · 1966
- Ould v. Spartanburg Realty Co.Supreme Court of South Carolina · 1913
- Retailers Service Bu. Etc., Inc. v. SmithSupreme Court of South Carolina · 1932
- Oeland v. Kimbrell's Furniture Co., Inc.Supreme Court of South Carolina · 1947
- Calhoun v. AndersonSupreme Court of South Carolina · 1929
1 more not listed; retrieve them via the Exa API.