Harby v. Wilson
Supreme Court of South Carolina
Before Bowman, J., Sumter, April 7, 1915. Action by Henry J. Harby against Thomas Wilson. From a judgment for defendant, plaintiff appeals. The following are the contract and letter referred to in the opinion: State of South Carolina, County of Sumter. By virtue of the contract made and entered into this 23d day of August, 1913, by and between Harby & Co., of Sumter, S. C., parties of the first part and Thos.
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Before Bowman, J., Sumter, April 7, 1915. Action by Henry J. Harby against Thomas Wilson. From a judgment for defendant, plaintiff appeals. The following are the contract and letter referred to in the opinion: State of South Carolina, County of Sumter. By virtue of the contract made and entered into this 23d day of August, 1913, by and between Harby & Co., of Sumter, S. C., parties of the first part and Thos. Wilson, of Sumter, S. C., party of the second part, it is agreed: Party of the second part has this day sold to parties of the first part two hundred bales of lint cotton, averaging 500…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The evidence, stated most strongly for plaintiff, shows that on August 23, 1913, he had a conversation with defendant in which defendant agreed to sell him 200 bales of cotton, and that all the terms of sale were agreed upon; that he was to reduce the agreement to writing and take it to defendant to be signed by him; that he did prepare a written contract which was in accord with their oral agreement, and signed it and sent it to defendant by the afternoon mail of the same day, but defendant left the city that afternoon, and did not…
2Cases cited1 opinion
- Louisville Asphalt Varnish Co. v. LorickSupreme Court of South Carolina · 1888
3Cited by5 opinions
- Pitts v. EdwardsSupreme Court of South Carolina · 1927
- Fine v. Hall & Co., Inc.Supreme Court of South Carolina · 1950
- McCathern v. O'Donnell & Co.Supreme Court of South Carolina · 1936
- Weeks v. GrahamSupreme Court of South Carolina · 1918
- Fine v. Hall & Co., Inc.Supreme Court of South Carolina · 1950