Foggette v. Gaffney
Supreme Court of South Carolina
Before HudsoN, J., Spartanburg, March, 1889. This was an action by Emanuel Foggette against W. W. Gaffney and F. B. Gaffney, administrators of W. W. Gaffney, deceased, commenced in June, 1887. The trial judge charged the jury as follows : I will endeavor briefly to explain the law bearing upon this contract.
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Before HudsoN, J., Spartanburg, March, 1889. This was an action by Emanuel Foggette against W. W. Gaffney and F. B. Gaffney, administrators of W. W. Gaffney, deceased, commenced in June, 1887. The trial judge charged the jury as follows : I will endeavor briefly to explain the law bearing upon this contract. Co.unsel in the argument sometimes will say "that the judge ruled such and such out.- In this case it is the statute law that where a man dies, his mouth being sealed in death, the surviving contracting party has his mouth sealed by the law, and cannot speak, so as to put the two on an…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
On March 26th, 1886, W. W. Gaffney, sr., died, and the defendants administered upon his estate. In June, 1887, this action was brought against them by the plaintiff for the recovery of an account ($750) alleged to have been due to him by the intestate. Two cause's of action .were set out in the complaint: 1st, for the balance due for building certain houses as a carpenter; and 2nd, for a sum of money due the plaintiff' as damages for breach of contract in the purchase and sale of certain lots of land in Gaffney City, &c. The…
2Cited by6 opinions
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- Sinclair v. StringerSupreme Court of Oklahoma · 1921
- Dyson v. JonesSupreme Court of South Carolina · 1903
- Gaston v. GastonSupreme Court of South Carolina · 1908
- Jeffords v. MuldrowSupreme Court of South Carolina · 1916
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