Columbia Weighing Machine Co. v. Rhem

The opinion of the Court was delivered by

Mr. Chief Justice BeEasb.

This action was on a written order or contract for the purchase price of a weighing machine, purchased by the defendant from the plaintiff in March, 1928. The contract set out in the transcript of record on which the action was based, will be reported.

The defendant defended on two grounds : (1) His illness as an excuse for noncompliance with the terms of the sale contract, and (2) failure of consideration due to breach of implied warranty.

The result of the trial in the Civil Court of Florence County, to which Court the case had…