Holliday v. G. H. Pegram & Co.
Supreme Court of South Carolina
Before DeVorE, J., Florence, April term, 1912. Action by J. W. Plolliday against G. FI. Pegram & Co. Plaintiff appeals. Plaintiff is entitled to verdict for contract price: 59 S. C. 581. Jury should find what agreement had been made: 19 S. C. 367. Parol evidence is admissible where contract is not wholly in writing: 54 S. C. 314. Ridings of Supreme Court on former appeal are res adjudícala: 93 S. C. 148. There is no contract here until written draft is signed: 41 Am.
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Before DeVorE, J., Florence, April term, 1912. Action by J. W. Plolliday against G. FI. Pegram & Co. Plaintiff appeals. Plaintiff is entitled to verdict for contract price: 59 S. C. 581. Jury should find what agreement had been made: 19 S. C. 367. Parol evidence is admissible where contract is not wholly in writing: 54 S. C. 314. Ridings of Supreme Court on former appeal are res adjudícala: 93 S. C. 148. There is no contract here until written draft is signed: 41 Am. St. R. 545; 20 Wall. 546; 23 C. C. A. 204; 19 Johns 212; 10 Nev. 135; 10 Me. App. 106; 46 Vt. 478; 101 U. S. 43; 146 U. S. 483;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary. There was a formal appeal in this case, from the judgment entered upon a verdict, rendered by the jury in favor of the plaintiff for the amount claimed, which was set aside and the case remanded for a new trial (89 S. C. 73).
On the second trial the same letters which were introduced on the first, were again offered in evidence by the plaintiff. He also offered in evidence all the proposed written agreements, which, on his motion, were excluded upon the former trial.
The plaintiff also testified in detail as to- the transactions…
2Cases cited3 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Orr v. HodgsonSupreme Court of the United States · 1819
- Cartin v. South Bound RailroadSupreme Court of South Carolina · 1895
3Cited by4 opinions
- Julius Kayser & Co. v. Textron, IncorporatedCourt of Appeals for the Fourth Circuit · 1956
- Smith Bros. Grain Co. v. Adluh Milling Co.Supreme Court of South Carolina · 1924
- Holliday v. PegramSupreme Court of South Carolina · 1915
- Holly Hill Lumber Co. v. Federal Land BankSupreme Court of South Carolina · 1931