Kenan, McKay Spier v. Yorkville C.O. Co.
Supreme Court of South Carolina
Before MoorE, J., York, Summer term, 1917. Action by Kenan, McKay and Spier against Yorkville Cotton Oil Company. From judgment for defendant, plaintiffs appeal. The following is the contract: Atlanta, Ga., 7-19-1915. Sold to Messrs. Kenan, McKay & Spire, Atlanta, Ga.
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Before MoorE, J., York, Summer term, 1917. Action by Kenan, McKay and Spier against Yorkville Cotton Oil Company. From judgment for defendant, plaintiffs appeal. The following is the contract: Atlanta, Ga., 7-19-1915. Sold to Messrs. Kenan, McKay & Spire, Atlanta, Ga. For account—The Yorkville Cotton Oil Company, Yorkville, S. C. Amount—Season’s output of cotton linters for season 1915-1916, about four hundred (400) bales, to be grade mill run, made from sound seed and free from country damage. Price—Four and one-eighth cents (4j/¿c) per lb., f. o. b. Yorkville, S. C. Shipment—For'shipment in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action for breach of contract; order of nonsuit; appeal by the plaintiff.
The contract is a skeleton one, in writing, and was drawn by an Atlanta broker mediately for the plaintiffs on one side and the defendant on the other. Ret the evidence of if be reported.
The question in the case is the meaning of the contract. Under it the defendant shipped to the plaintiff 155 bales of linters, and that was confessedly the total output of the oil company for the season. The defendant says that was a performance of the contract. The plaintiff says…
2Cases cited7 opinions
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