Marlboro Cotton Mills v. O'Neal
Supreme Court of South Carolina
Before Moore, J., Marlboro, Spring term, 1919. Action by Marlboro Cotton Mills against J. R. O’Neal for delivery of cotton under contract.
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Before Moore, J., Marlboro, Spring term, 1919. Action by Marlboro Cotton Mills against J. R. O’Neal for delivery of cotton under contract. From order of non-suit, the plaintiff appeals. cite: Plaintiff was forced to submit to nonsuit under ruling of the presiding Judge, and it was not voluntary so as to deprive plaintiff of the right of appeal: 59 S. C. 218; 97 S. C. 360. Where principal assumes a contract made by an agent, a third party cannot question authority of such agent: 1 A. & E. Enc. Law 1180. No statutory requirements as to manner in which the authority of the agent must be shown:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for damages for breach of a contract for the sale of cotton for future delivery. Plaintiff alleges that on March 2, 1916, defendant and C. E. Exum entered into a contract in writing, whereby defendant agreed to sell Exum 50 bales of cotton, to be delivered on or before was a cotton buyer. On his examination, he said that Exum assigned the contract to plaintiff for value a few days after its execution; that plaintiff duly notified defendant of the assignment, and that plaintiff would receive and pay for the cotton,…
2Cases cited2 opinions
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