Munroe v. Williams
Supreme Court of South Carolina
Action by Munroe & Everett against Williams & Turley. The case came to this court upon the following grounds, alleging error in a judgment of non suit: 1. Because his honor erred in granting the non-suit on the ground that the plaintiffs on their proof were not entitled to recover under the first or second cause of action in the complaint. 2. Because his honor erred in granting the non-suit, when there was testimony supporting both causes of action which should have been…
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Action by Munroe & Everett against Williams & Turley. The case came to this court upon the following grounds, alleging error in a judgment of non suit: 1. Because his honor erred in granting the non-suit on the ground that the plaintiffs on their proof were not entitled to recover under the first or second cause of action in the complaint. 2. Because his honor erred in granting the non-suit, when there was testimony supporting both causes of action which should have been submitted to the jury. 3. Because his honor erred in granting non-suit when the complaint set up legal causes of action,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
This was an action to recover the value of certain lumber and timber alleged to have been delivered by the plaintiffs to the defendants. Tho complaint set forth two causes of action — one upon a special contract in writing, and the other upon an implied contract tó pay what said lumber and timber, alleged to have been delivered by plaintiffs to defendants, was reasonably worth. It' appears that the written contract, which is not under seal, a copy of which is incorporated in the complaint, purports, upon its face, to be a…
2Cited by6 opinions
- Turk v. CarnahanIndiana Court of Appeals · 1900
- Hill v. Winnsboro Granite Corp.Supreme Court of South Carolina · 1919
- American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
- Campbell v. Life Casualty Ins. Co.Supreme Court of South Carolina · 1930
- Maddox v. Steel Heddle Manufacturing Co.Supreme Court of South Carolina · 1929
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