Mallard Lumber Co. v. Carolina Portland Cement Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Appeal by the plaintiff from an order of Hon. T. J. Mauldin, Circuit Judge, presiding at Charleston, striking out the plaintiff’s second cause of action, refusing leave to the plaintiff to reply to the counterclaim set up by the defendant, and rendering judgment in favor of the defendant for $572.65, the amount of its counterclaim.

On March 14, 1924, the plaintiff brought an action against the defendánt for $810.82, upon an account for lumber sold and delivered. The defendant answered the complaint and admitted the sale and delivery…