Greenville County v. City of Greenville
Supreme Court of South Carolina
Before DeVore, J., Greenville. Action by Greenville county against City of Greenville. From judgment for plaintiff, defendant appeals. cites: Stipulation by seller that so much repairs tvould put machinery in good condition amounts to warranty: 30 Ency., 129, et seq., 173. Bvidence tending to include other items than those mentioned in the writings tends to vary the writing: Wigmore, sec. 2425; 46 S. C., 411. The time of delivery can only be shown by parol when not mentioned…
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Before DeVore, J., Greenville. Action by Greenville county against City of Greenville. From judgment for plaintiff, defendant appeals. cites: Stipulation by seller that so much repairs tvould put machinery in good condition amounts to warranty: 30 Ency., 129, et seq., 173. Bvidence tending to include other items than those mentioned in the writings tends to vary the writing: Wigmore, sec. 2425; 46 S. C., 411. The time of delivery can only be shown by parol when not mentioned in- the writing: 72 S. C., 372. Simple accotmt cannot be set up as counterclaim against county: Code of-Proc., 171; 24…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chirr Justice Jones.
On December 12-14, 1904, the County of. Greenville sold to the City of Greenville its road equipment, consisting of engines, scrapers, tools, tents, camping outfit, supplies on hand, etc., for six thousand dollars.
A bill of sale describing the property, with schedule, was executed to the city December 12, and on December 14, 1904, it was further stipulated in writing, as a part of the bill of sale, that in making settlement the county “shall be charged with the suits of convict clothing already ordered and about to be delivered,…
2Cases cited2 opinions
- Lagrone v. TimmermanSupreme Court of South Carolina · 1896
- State Ex Rel. People's Bank v. GoodwinSupreme Court of South Carolina · 1908
3Cited by1 opinion
- Brock v. MasonSupreme Court of South Carolina · 1958