Metz v. Critcher
Supreme Court of South Carolina
Before W. B. Gruber, Special Judge, Barnwell, October, 1909. Proceeding to foreclose mechanic’s lien by A. B. Metz against W. E. Critcher and W. B. Oswald.
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Before W. B. Gruber, Special Judge, Barnwell, October, 1909. Proceeding to foreclose mechanic’s lien by A. B. Metz against W. E. Critcher and W. B. Oswald. From judgment for defendants, plaintiff appeals. cites: Disagreement as to contract carries issue to jury: 31 Cyc., 1672; 2 Mill., 251; 27 Cyc., 407; 29 Ore., 153. Directing verdict: 84 S. C., 299. cite: Personal judgment not recoverable here: 67 S. C., 11. Evidence does not bring case within section 3008:16 S. C., 147; 19 S. C., 1.
1Opinion of the Court
July 18, 1910. The opinion of the Court was delivered by The appeal in this proceeding to foreclose a mechanic's lien depends on whether the Circuit Court erred in directing a verdict for the defendant, Oswald, on the ground that there was no evidence tending to establish his liability. The plaintiff testified that he sold lumber to the defendant, W.E. Critcher, and that there was a balance of $324.65 unpaid; that he had been paid for all lumber sold to Critcher, except that used by Critcher in building a house on land of the defendant, Oswald. The plaintiff admitted that he sent the lumber…
2Cases cited3 opinions
- Metz v. CritcherSupreme Court of South Carolina · 1909
- Geddes v. BowdenSupreme Court of South Carolina · 1883
- Gray v. WalkerSupreme Court of South Carolina · 1881
3Cited by5 opinions
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- National Loan & Exchange Bank of Columbia v. Argo Development Co.Supreme Court of South Carolina · 1927
- F & D Electrical Contractors, Inc. v. Powder Coaters, Inc.Supreme Court of South Carolina · 2002
- C & B COMPANY v. CollinsSupreme Court of South Carolina · 1977
- F & D Electrical Contractors, Inc. v. Powder Coaters, Inc.Court of Appeals of South Carolina · 2000