Greenwood Cotton Mills v. Tolbert
Supreme Court of South Carolina
Before Hon. C. J. Ramage, special Judge, Greenwood, September, 1915. Action by the Greenwood Cotton Mill against T. P. Tolbert.
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Before Hon. C. J. Ramage, special Judge, Greenwood, September, 1915. Action by the Greenwood Cotton Mill against T. P. Tolbert. Judgment for plaintiff, and defendant appeals. submits: There is no allegation of a cause of action for breach of warranty: 3 Brev. 63; 35 Cyc. 446, 406, 409; 105 Minn. 115-117; 86 Minn. 94; 90 N. W. 120; 149 N. C. 299; 62 S. E. 1076. Requests to charge: 35 Cyc. 607; 2 Rich. 40; 2 N. & McC. 65; 2 McC. 432. Charge contradictory and misleading: 102 S. C. 408. Rescission of contract: 37 S. C. 7; 40 S. C. 110. cite: 37 S. C. 7; 40 S. C. 110; 80 S. C. 289.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEP Justice Gary.
This action arises out of the fact that the defendant sold to the plaintiff 400 bales of cotton, four of which were water-packed. The following agreed statement of' facts appears in the record:
“The defendant offered the cotton to the plaintiff for sale in the usual manner, and asked the plaintiff to cut the same and sample it, and the plaintiff through its agent cut and sampled the cotton, and purchased the same on the sample taken therefrom, and the only opportunity of examination which the plaintiff had was that of an external…
2Cases cited7 opinions
- Rosemand v. Southern Ry.Supreme Court of South Carolina · 1903
- Kauffman Milling Co. v. StuckeySupreme Court of South Carolina · 1892
- Kauffman Milling Co. v. StuckeySupreme Court of South Carolina · 1893
- Ramsey v. HillSupreme Court of South Carolina · 1912
- Parks v. Laurens Cotton MillsSupreme Court of South Carolina · 1904
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- City of Greenville v. W.R. Grace & Co.District Court, D. South Carolina · 1986
- Southern Coal Co. v. RiceSupreme Court of South Carolina · 1923
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