Massillon Sign & Poster Co. v. Buffalo Lick Springs Co.
Supreme Court of South Carolina
Before Wilson, J., Chester, November, 1907. Action by Massillon Sign and Poster Company against Buffalo Lick Springs Company. From judgment, plaintiff appeals. cites: Title of goods passed when manufacture was completed: 24 Ency., 1063-65-68. Measure of damages: 49 N. H., 376; 24 Ency., 1065; 7 A. & E. Ann.
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Before Wilson, J., Chester, November, 1907. Action by Massillon Sign and Poster Company against Buffalo Lick Springs Company. From judgment, plaintiff appeals. cites: Title of goods passed when manufacture was completed: 24 Ency., 1063-65-68. Measure of damages: 49 N. H., 376; 24 Ency., 1065; 7 A. & E. Ann. Cas., 1172; 113 Tenn., 657; 20 Conn., 38; 43 L. W. R., 905; 45 N. E., 618; 28 Fed., 553; 68 S. C., 367; Chev., 155. An effective rejection must be unconditional: 24 Ency., 1090. Parol evidence is not admissible to vary a written order: 69 S. C., 99. Revocation of agency and notice are…
1Concurring in part, dissenting in partJustice Woods
This action was brought to recover $945.59,- alleged to be due by-defendant on a written contract by which the defendant ordered from plaintiff posters, fibre signs and horse covers, all to be used by defendant for advertising purposes.
The written orders given by L. L. Reading, the defendant’s general manager, to plaintiff’s agent were as follows:
“Order No......... February 15, 1906.
Buffalo Lick Springs Company.
Ship to...................................
At Chester, S. C.
How ship.......................When? At once.
Terms......................-..........
25 M 12x18 fibre signs, $5.75 M. Run in…
2Cases cited4 opinions
- Ashe v. Car. & N. W. Ry. Co.Supreme Court of South Carolina · 1903
- Earle v. OwingsSupreme Court of South Carolina · 1905
- Huguenot Mills v. Jempson & Co.Supreme Court of South Carolina · 1904
- Taylor v. StateSupreme Court of Georgia · 1904