Rouse, Hempstone & Co. v. Sarratt
Supreme Court of South Carolina
Before Krugi-i, J., Cherokee, Fall Term, 1905. Action by Rouse, Hempstone & Co., against J. I. Sarratt. From judgment for plaintiffs, defendant appeals. (Reporter furnished no argument.) cites: It is not reatdred that it appear on deposition that notary was not of counsel for either party: 5 S. E., 936; 4 Ency.
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Before Krugi-i, J., Cherokee, Fall Term, 1905. Action by Rouse, Hempstone & Co., against J. I. Sarratt. From judgment for plaintiffs, defendant appeals. (Reporter furnished no argument.) cites: It is not reatdred that it appear on deposition that notary was not of counsel for either party: 5 S. E., 936; 4 Ency. Ev., 388; 49 S. C., 169; 56 S. C., 385; 57 S. C., 3; 60 S. C„ 201; 30 S. C., 153^ 615; 12 S. C., 586. Fraud on breach of warranty must be alleged: 58 S. C., 59; 3 Strob. R, 75; 2 McC., 167; 3 Brev., 63; 4 Ency. P. & P., 951-3 ; 2 Abbotts Tr. & Br. P'leadgs., 1072; 27 S. C., 621; 39 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant appeals from a judgment recovered on several promissory notes given by him to the plaintiffs for merchandise. The allegations of the answer were: (1) that the goods did not come up h> sample nor to the representations made by plaintiffs’ salesman as to character and class, and on this defendant sets up a counterclaim for damages to- the amount of $150; (2) that much of the goods were moth-eaten, rotten and in damaged condi tion, and on this allegation defendant sets up a second counter-claim for damages for $100.
1 In…
2Cited by2 opinions
- Johnson Cotton Co. v. CannonSupreme Court of South Carolina · 1963
- Reardon v. AverbuckSupreme Court of South Carolina · 1912