McConnell v. Kitchens
Supreme Court of South Carolina
Before Kershaw, J., Chester, March, 1883. Action by W. H. McConnell against Addison F. Kitchens. The opinion fully states the case. The contract was not illegal and void. 17 Stat. 75. The chemical composition is not to be stated unless certain specified ingredients are asserted to be present.
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Before Kershaw, J., Chester, March, 1883. Action by W. H. McConnell against Addison F. Kitchens. The opinion fully states the case. The contract was not illegal and void. 17 Stat. 75. The chemical composition is not to be stated unless certain specified ingredients are asserted to be present. The tax was for purposes of revenue, and, therefore, its non-payment would not vitiate the contract. 14 Mees. & W. 452, 463; 11 East 180. As matter of fact it was paid, and receipt was exhibited at the trial. A sale without compliance with the requirements, is nowhere prohibited in the statute, and,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was an action on a contract in writing, under seal, dated March.4th, 1880, by which the defendant promised to pay the plaintiff $310.50 on or before November 1st, 1880. The consideration expressed in the writing was eleven and a half tons of Lee’s P. A. lime (meaning Lee’s prepared agricultural lime). The defendant, in his answer, alleged that the contract upon which the action was founded was different in form, and contained other material stipulations from that described in the complaint, and set up two distinct affirmative…
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