R. E. Allen, Bro. & Co. v. Burnett
Supreme Court of South Carolina
Before Gary, J., Spartanburg, November term, 1911. Action by R. E. Allen, Bro. & Co. against Warren DuPre Burnett. Defendant appeals on the following exceptions: 1. “(a) In failing to sustain objection to introduction in evidence of ‘Exhibit B,’ made by the defendant, upon the ground that it was a memorandum of the sale to Spartan Grain and Elour Company and not to Spartan Grain and Mill Company, or the defendant, W. D. Burnett; and upon the further ground that it was not…
Read the full summary
Before Gary, J., Spartanburg, November term, 1911. Action by R. E. Allen, Bro. & Co. against Warren DuPre Burnett. Defendant appeals on the following exceptions: 1. “(a) In failing to sustain objection to introduction in evidence of ‘Exhibit B,’ made by the defendant, upon the ground that it was a memorandum of the sale to Spartan Grain and Elour Company and not to Spartan Grain and Mill Company, or the defendant, W. D. Burnett; and upon the further ground that it was not signed by the defendant. “(b) Nor was there any testimony to show that he had authorized any one to sign it in his behalf.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This cause was tried before Judge Ernest Gary and a jury on November 22, 1911. The plaintiff brought action to recover damages for breach of contract for sale of 1,000 barrels of flour for future delivery to the defendant at the price of $6.35 per barrel on March 31, 1910, on which date the defendant’s right to order out the flour expired. The plaintiff alleged the price of flour went down and he was damaged in the sum of $750 by reason of the defendant’s failure to order the flour out. The complaint alleged that it was the bona fide…
2Cases cited2 opinions
- Van Guilder v. Van GuilderSupreme Court of Connecticut · 1923
- McGahan v. CrawfordSupreme Court of South Carolina · 1896
3Cited by3 opinions
- Todd v. SC FARM BUREAU MUTUAL INS. CO.Court of Appeals of South Carolina · 1984
- Llewellyn v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944
- Bennettsville & Cheraw Railroad v. Glens Falls InsuranceSupreme Court of South Carolina · 1913