Legal Opinion · Dissent
Germofert Mfg. Co. v. Cathcart
Supreme Court of South Carolina
Decided March 25, 1916No. 9349Published
Before Hon. J. B. Park, special Judge, Winnsboro, February, 1915. Action by the Germofert Manufacturing Company against A. B. Cathcart. Judgment for the defendant, and plaintiff appeals. cite: 74 S. C. 576; 97 S. C. 359; 77 S. C. 496; 10 111. 113; 37 S. C. 17; 27 S. C. 380; Cyc. Contracts 457. The former cites: As to admissibility of testimony: 97 S. C. 358 and 389; 77 S. C. 493.
1Dissent
Mr. Chiee JusTrcE Gary,
dissenting. This is an action on the following note:
“On or before the first of December, 1908, I promise to pay to Germofert Manufacturing Company, or order, at Winnsboro Bank, eleven hundred and seventy-two and 72-100 dollars, with interest at seven per cent, per annum, after maturity until paid, and all costs of collection, including attorney’s fees, not exceeding ten per cent, if collected by law or through an attorney at law. Balance due for 1,090 bags of fertilizer, sold to me by said payees. It is hereby expressly understood and covenanted, that the said Germofert…
2Cases cited1 opinion
- Southern States Phosphate Co. v. ArthursSupreme Court of South Carolina · 1914