Legal Opinion

Reardon v. Averbuck

Supreme Court of South Carolina

Decided October 8, 1912No. 8335PublishedCited by 2 opinions

Before-, J., Sumter,-. Action by Geo. W. Reardon against Nathan Averbuck. Defendant appeals. cites: Amendment should have been allowed: Code of Proc. 194; 81 S. C. 574. Definition of discretion: 47 S. C. 498. Contract to repair may be separate from lease: 79 S. C. 459; 61 S. C. 166; 65 S. C. 134; 72 S. C. 362, 410. cites: Landlord not bound to repair in absence of contract: 32 S. C. 589. The form of the verdict sufficiently complies with the statute: 10 S. C. 493; 68 S. C.…

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Before-, J., Sumter,-. Action by Geo. W. Reardon against Nathan Averbuck. Defendant appeals. cites: Amendment should have been allowed: Code of Proc. 194; 81 S. C. 574. Definition of discretion: 47 S. C. 498. Contract to repair may be separate from lease: 79 S. C. 459; 61 S. C. 166; 65 S. C. 134; 72 S. C. 362, 410. cites: Landlord not bound to repair in absence of contract: 32 S. C. 589. The form of the verdict sufficiently complies with the statute: 10 S. C. 493; 68 S. C. 98; 75 S. C. 229.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

In this appeal, in an action of claim and delivery, from a judgment against the defendant, the exceptions assign errors in these particulars: First, in refusing to allow an amendment to the answer; second, in excluding testimony tending to show that the plaintiff had agreed to repair the store for the rent of which the mortgage was given; third, in charging that the plaintiff had demanded possession of the property; and fourth, in refusing a new trial on the ground that the verdict was not in proper form.

1 The foundation of the action…

2Cases cited4 opinions

  1. Williams v. SalmondSupreme Court of South Carolina · 1908
  2. Bossard v. VaughnSupreme Court of South Carolina · 1904
  3. Rouse, Hempstone & Co. v. SarrattSupreme Court of South Carolina · 1906
  4. Phoenix Furniture Co. v. JaudonSupreme Court of South Carolina · 1906

3Cited by2 opinions

  1. Powers Constr. Co., Inc. v. Salem Carpets, Inc.Court of Appeals of South Carolina · 1984
  2. Piedmont Aviation, Inc. v. QuinnCourt of Appeals of South Carolina · 1988

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