Legal Opinion

Gaines v. Durham

Supreme Court of South Carolina

Decided May 8, 1923No. 11215PublishedCited by 12 opinions

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for $71.61 upon an account for fertilizer sold by the plaintiff to the defendants.

Masters owned the land upon which the fertilizer was to be used, and Durham was his tenant.

The evidence tends to show that Durham applied to- the plaintiff for the fertilizer, and the plaintiff, knowing that Durham was a tenant upon the land of Masters, before allowing Durham to obtain the fertilizer, went to Masters and asked him about selling to Durham; that Masters said, “Let Durham have what he wants and I will see that it is paid”; that…

2Cases cited17 opinions

  1. Davis v. PatrickSupreme Court of the United States · 1891
  2. Emerson v. SlaterSupreme Court of the United States · 1860
  3. Whitehurst v. . PadgettSupreme Court of North Carolina · 1911
  4. Hurst Hardware Co. v. GoodmanWest Virginia Supreme Court · 1910
  5. Lorick & Lowrance v. CaldwellSupreme Court of South Carolina · 1910

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray FlemmingCourt of Appeals for the Fourth Circuit · 1976
  2. Stackhouse v. Pure Oil Co.Supreme Court of South Carolina · 1935
  3. Atlantic Coast Lumber Corp. v. MorrisonSupreme Court of South Carolina · 1929
  4. American Wholesale Corp. v. MauldinSupreme Court of South Carolina · 1924
  5. Henderson Dempsey v. SkinnerSupreme Court of South Carolina · 1928

7 more not listed; retrieve them via the Exa API.

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