Kentucky Refining Co. v. Saluda Oil Mill Co.
Supreme Court of South Carolina
Before R. IT. Welch, special Judge, Saluda, December, 1903. Action by Kentucky Refining Co. against Saluda Oil Mill Co. The third, fourth and fifth defenses are as follows: “3. As a further and separate defense, this defendant alleges that early in January, 1902, it did offer to the plaintiff two tanks prime crude cotton seed oil at thirty-seven cents per gallon of seven and one-half pounds, loose, f. o. b.
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Before R. IT. Welch, special Judge, Saluda, December, 1903. Action by Kentucky Refining Co. against Saluda Oil Mill Co. The third, fourth and fifth defenses are as follows: “3. As a further and separate defense, this defendant alleges that early in January, 1902, it did offer to the plaintiff two tanks prime crude cotton seed oil at thirty-seven cents per gallon of seven and one-half pounds, loose, f. o. b. Johnston, S. C., in buyer’s tanks, for February delivery, and if it be found that there was a contract between the plaintiff and the defendant herein, the plaintiff under the terms of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
In this case, both the plaintiff and the defendant are appellants. The defendant has appealed from an order sustaining a demurrer to the third, fourth and fifth defenses set up in its answer. The plaintiff has appealed from an order allowing the defendant to amend its answer. The defendant also served notice that it would ask this Court to sustain the order permitting the amendment to the answer for additional reasons to those assigned by his Honor, the Circuit Judge.
The complaint alleges a cause of action for damages arising out of a…
2Cases cited3 opinions
- Kauffman Milling Co. v. StuckeySupreme Court of South Carolina · 1892
- Harman v. HarmanSupreme Court of South Carolina · 1899
- Co-Operative Publishing Co. v. WalkerSupreme Court of South Carolina · 1901
3Cited by4 opinions
- O'Neill Bros. v. CrowleyDistrict Court, W.D. South Carolina · 1938
- Inman & Co. v. HodgesSupreme Court of South Carolina · 1908
- Nilson v. DowlingSupreme Court of South Carolina · 1931
- C & G Construction Co. v. WrightSuperior Court of Delaware · 1976