Legal Opinion

Gulf Refining Co. v. McCanless

Supreme Court of South Carolina

Decided December 6, 1921No. 10758PublishedCited by 4 opinions

Before Townsend, J., Richland, July, 1920. Action by Gulf Refining Co. against W. J. McCanless and Thos. J. Deathley. Verdict for defendants and plaintiff appeals. cite: Provisions of Sec. 3740, 1 Civ. Code 1912, do not apply to property rented for temporary use: 109 S. C. 312.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action to recover the possession of a gasoline tank and piping; and the appeal involves the construction of Section 3740, Code of Daws 1912, which is as follows:

“Every agreement between the vendor and vendee, bailor or bailee, of personal property, whereby the vendor or bailor shall reserve to himself any interest in the same, shall be null and void as to subsequent creditors (whether lien creditors or simple contract creditors) or purchasers for vain-, able consideration without notice, unless the same be reduced to…

2Cases cited1 opinion

  1. Latimer v. WhartonSupreme Court of South Carolina · 1894

3Cited by4 opinions

  1. In re TansillDistrict Court, W.D. South Carolina · 1922
  2. Marvin v. ConnellySupreme Court of South Carolina · 1979
  3. C.C. Vaughn & Sons, Inc. v. Anderson (In re South Atlantic Packers Ass'n)District Court, E.D. South Carolina · 1982
  4. Westberry Office Machine Co. v. Hovis (In re Long)District Court, E.D. South Carolina · 1983

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