Legal Opinion

Alexander Sprunt & Son v. Gordon

Supreme Court of South Carolina

Decided August 10, 1911No. 7996PublishedCited by 3 opinions

Before Prince, J., Williamsburg, December, 1910. Action by Alexander Sprunt & Son against Alexander M. Gordon. Defendant appeals. cite: Demurrer should have been sustained: 3 Hill, 268; 8 Wheat. 217; 16 Pet. 166; 4 Ency. P. & P. 636; 6 Rich. 188; 1 B-ail. 362; 69 S. C. 303; 72 S. C. 137. Defendant should not have been required to elect between the answer and demurrer: 53 S. C. 528. cite: Order requiring defendant to elect is proper: Code of Proc. 164, 165, 169; 135 Am.

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Before Prince, J., Williamsburg, December, 1910. Action by Alexander Sprunt & Son against Alexander M. Gordon. Defendant appeals. cite: Demurrer should have been sustained: 3 Hill, 268; 8 Wheat. 217; 16 Pet. 166; 4 Ency. P. & P. 636; 6 Rich. 188; 1 B-ail. 362; 69 S. C. 303; 72 S. C. 137. Defendant should not have been required to elect between the answer and demurrer: 53 S. C. 528. cite: Order requiring defendant to elect is proper: Code of Proc. 164, 165, 169; 135 Am. St. R. 553. Demurrer was properly sustained: 9 Cyc. 711; 39 S. C. 491; 21 Ency. P. & P. 544-5; 28 Ency. 4, 6; 9 Cyc. 723-4;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

This is an action for damages for breach of contract. Plaintiffs allege that defendant made a written contract with them, whereby he sold and agreed to deliver to them, at Gourdins, S. C., between September 15th and October 31st, 1909, twenty-five bales of cotton, to -average 500 pounds per bale, five per cent, more or less, and they agreed to pay him for it, on delivery, ten cents a pound for middling cotton', and ten and one-eighth for strict middling; that they were ready and willing to per form, and demanded performance of him,…

2Cases cited3 opinions

  1. Stahn v. Catawba MillsSupreme Court of South Carolina · 1898
  2. Harvey v. HackneySupreme Court of South Carolina · 1892
  3. Latimer v. MahaffeySupreme Court of South Carolina · 1889

3Cited by3 opinions

  1. Central Realty Corp. v. AllisonSupreme Court of South Carolina · 1951
  2. Kickbusch v. RugglesSupreme Court of South Carolina · 1916
  3. Depass v. City of SpartanburgSupreme Court of South Carolina · 1938

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