Colvin v. McCormick Cotton Oil Co.
Supreme Court of South Carolina
Action by Jas. A. Colvin against McCormick Cotton Oil Co. From judgment for defendant, plaintiff appeals. The latter cite: The rule for recovery of damages in breach of contracts: Wood’s Mayne on Dam., 20, 41; Hale on Dam., 62, 63; 100 Ind., 237; 41 la., 674; 137 Mass., 55; 74 Ga., 233; 42 Am.
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Action by Jas. A. Colvin against McCormick Cotton Oil Co. From judgment for defendant, plaintiff appeals. The latter cite: The rule for recovery of damages in breach of contracts: Wood’s Mayne on Dam., 20, 41; Hale on Dam., 62, 63; 100 Ind., 237; 41 la., 674; 137 Mass., 55; 74 Ga., 233; 42 Am. Dec., 38; 17 S. C., 73; Hale on Dam., 61. Incompetent to offer evidence of damages outside, of written contracts: Hale on Dam., secs. 46-7; 42 S. C., 1; 24 S. C., 124; 27 S. C., 379; 13 S. C., 332; 1 Green. Ev., sec. 439; 61 S. C., 166. Damages for breach of contract are such as naturally result…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was brought to recover an alleged balance of $1,700.79, with interest, and ten per cent, thereof additional as attorney’s fees, as the amount due upon a written contract for the sale and purchase of certain cotton oil mill machinery. By way of defense and also by way of counter-claim, defendant sets up damages for alleged breach of contract by plaintiff in failing to deliver the machinery and putting the mill in running order within the time specified to the amount of $1,909.12. The jury rendered a verdict in favor of…
2Cases cited3 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Bruce v. MoonSupreme Court of South Carolina · 1900
- Williams v. . MaxwellSupreme Court of North Carolina · 1898
3Cited by15 opinions
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Standard Supply Co. v. Carter HarrisSupreme Court of South Carolina · 1908
- Gunter v. FallowSupreme Court of South Carolina · 1907
- Smith v. Union-Buffalo Mills Co.Supreme Court of South Carolina · 1915
- Spears v. FieldsSupreme Court of South Carolina · 1905
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