LD WEATHERS, JR. v. Gary

Baker, Chief Justice.

This is an appeal from an order of the County Court of Spartanburg cancelling a judgment obtained by the plaintiff-appellant against the defendant-respondent. For convenience, the appellant herein will hereafter be referred to as plaintiff, and the respondent as defendant.

Plaintiff, a rural storekeeper, purchased from the defendant an ice making machine and subsequently claimed that its operation was entirely unsatisfactory. The matter was placed in the hands of plaintiff’s attorney who, on April 2, 1953, wrote the defendant and the manufacturer about the same. Neither…