Alexander v. Herndon
Supreme Court of South Carolina
Before Gage, J., Colleton, Action by Mamie Alexander against A. H. Herndon. From judgment for plaintiff, defendant appeals.
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Before Gage, J., Colleton, Action by Mamie Alexander against A. H. Herndon. From judgment for plaintiff, defendant appeals. Mr. Griffin cites: Reservation of timber could be shown by patrol: 34 Vt., 480 ; 1 Ency., 436, 438; 7 Ency., 443, 447; 1 Green, on Ev., sec. 296; 16 S. C., 35; 3 S. C., 332; 21 S. C., 400; 24 S. C., 594; 26 S. C., 80; 41 S. C., 163; 53 S. C., 548; 56 S. C., 480*; 57 S. C., 60; 59 S. €., 467; 61 S. C., 166. Written contract alone affords plaintiff no cause of action: 16 S. C., 352; 26 & C., 312; 31 S, C., 313; 41 S'. C„ 153. Husband of plaintiff acted as her agent: 1…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
This is an action for the specific performance of a contract of which the following (formal parts omitted) is a copy: “The party of the first part agrees, that if the party of the second part, her heirs or assigns, shall make the following payments to party of first part, his heirs or assigns, the full and just sum of $300, in the following instalments, to wit: $20 cash on the signing of this agreement, and $55, on the 15th day of October, 1906, and $75, on the 15th of October, 1907, and $75, on the 15th day of October 1908, and…
2Cases cited1 opinion
- Coward v. BoydSupreme Court of South Carolina · 1908
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- Turner v. WatkinsSupreme Court of South Carolina · 1922