Legal Opinion

McCown-clark Co. v. Muldrow

Supreme Court of South Carolina

Decided April 13, 1921No. 10609PublishedCited by 5 opinions

Before PfuriFoy, J., Florence, April term, 1919.' Action by McCown-Clarke Company against A. W. Muldrow. From judgment for plaintiff the defendant appeals. cite: Rule for estimating damages caused by breach of contract: Ann- Cas. 1917 B. 1192. Sutherland on Damages, Vol. 2, 2339, 2348; .56 Am. Rep. 52 (Ala.;) 37 Am. St. Rep. 611 (N. C.;) 159 N. C. 439; 27 Am. Rep. 13 (N. Y.;) 13 Am. Rep. 438; 20 Am. Rep. 425; 40 Am. Rep. 280 (Texas;) 42 Am. St. Rep. 125 (Cal.;) 92 Am.

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1Opinion of the Court

The opinion,of the Court was delivered by

Mr. Justice Fraser.

The facts in this case involved in this appeal are as follows: The plaintiff sold and delivered to the defendant a quantity of fertilizers. The fertilizers were to have been delivered in March for immediate use. The fertilizers were not delivered until June. The defendant, by answer, set up the failure to deliver in the contract time and damages caused by the delay. The defendant offered to show the difference between the crops, made on adjoining land of similar quality, worked in the same way and with the same seasons, on which the…

2Cited by5 opinions

Amerson v. F. C. X. Cooperative Service, Inc.Supreme Court of South Carolina · 1955
W. R. Grace & Co. v. LaMunionSupreme Court of South Carolina · 1964
Hill v. BASF Wyandotte Corp.Supreme Court of South Carolina · 1984
Diamond v. Southeastern Express Co.Supreme Court of South Carolina · 1925
Swift & Co. v. SullivanSupreme Court of South Carolina · 1929