Welborn v. Cobb
Supreme Court of South Carolina
Before Ernest Gary, J., October, 1910, and Gage, J., March, 1911, Anderson. Action by E. H. Welborn against W. W. Cobb and J. W. Dickson. Dickson appeals.
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Before Ernest Gary, J., October, 1910, and Gage, J., March, 1911, Anderson. Action by E. H. Welborn against W. W. Cobb and J. W. Dickson. Dickson appeals. Mr. Rice cites: As to abatement: 69 S. C. 263; 4 McC. 434; 35 S. C. 404; 6 Rich. 37; 2 Speer 61; 23 S. C. 208. Mr. Bonham cites: Issue of failure of consideration should have been tried by jury: 17 S. C. 32; 44 S. C. 120; 80 S. C. 263; 89 S. C. 393; Harp. 290; 70 S. C. 283. cite: Reduction for material misrepresentation or mistake by seller: 2 Rich. 130; 2 Hill 657; 20 Ency. 876; Rice Ch. 55; Harp. 290; 4 McC. 434; Rice Ch. 57; Wiltsie…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
On August 24, 1908, the defendant Dickson conveyed to the defendant Cobb a tract of land, described in the deed as containing 138 acres, more or less. The purchase price was $4,800, $1,000 of which was paid, and, for the balance, Cobb gave Dickson seven notes for $500 each, and one for $300, due at intervals of one year, with interest from date, and secured them by a mortgage of the land. The mortgage contained a stipulation that if either of the notes was not paid at maturity, the whole debt should become due.
On January 6, 1909,…
2Cases cited6 opinions
- McLaurin v. HodgesSupreme Court of South Carolina · 1895
- Pratt v. TimmermanSupreme Court of South Carolina · 1904
- Hughes v. KirkpatrickSupreme Court of South Carolina · 1892
- Wilson v. GordonSupreme Court of South Carolina · 1910
- Jenkins v. JenkinsSupreme Court of South Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
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- Southern Iron & Equipment Co. v. Bamberg, E. & W. Ry. Co.Supreme Court of South Carolina · 1929
- C & S Real Estate Services, Inc. v. MassengaleSupreme Court of South Carolina · 1986
- Scott v. NewellSupreme Court of South Carolina · 1928
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
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