Smith & Furbush MacHine Co. v. Johnston
Supreme Court of South Carolina
Before Moor®, J., York, July, 1914. Action by Smith & Furbush Machine Company against T. L,. Johnston and J. B. Creighton, doing business under the name and style of Enterprise Manufacturing Company.
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Before Moor®, J., York, July, 1914. Action by Smith & Furbush Machine Company against T. L,. Johnston and J. B. Creighton, doing business under the name and style of Enterprise Manufacturing Company. Erom a judgment for plaintiff, the defendants appeal upon the following exceptions: 1. Because his Honor erred in refusing to admit, and in striking out, all testimony offered by defendants tending to establish failure of the machinery in question to work sugar sacks, and to establish the damage resulting therefrom; the error being, that defendants were induced to purchase said machinery by…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff brought this action to recover $4,150, the balance of the purchase price of machinery sold to defendants, with interest from March 1, 1907. Defendants denied any liability, and set up a counterclaim for damages on account of defects in the machinery and a breach of warranty of its capacity. The jury found for plaintiff $4,255.32, which is a little over $2,000 less than the amount due under the contract, showing that defendants’ counterclaim was sustained to that extent.
On September 24, 1906, plaintiff wrote defendants, in…
2Cases cited3 opinions
- Lagrone v. TimmermanSupreme Court of South Carolina · 1896
- Standard Supply Co. v. Carter HarrisSupreme Court of South Carolina · 1908
- Cape Fear Lumber Co. v. EvansSupreme Court of South Carolina · 1904
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- Draffin v. Chrysler Motors Corp.Supreme Court of South Carolina · 1969
- Sanders v. Allis Chalmers Manufacturing Co.Supreme Court of South Carolina · 1960
- John D. Hollingsworth on Wheels, Inc. v. Arkon Corp.Supreme Court of South Carolina · 1983
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