Davis v. Blum
Supreme Court of South Carolina
Before Rice, J., Dillon, March, 1915. Action by J. C. Davis, Probate Judge for Dillon county, against I. Blum, originally brought in magistrate’s Court. The testimony of plaintiff, Judge of Probate, was that the defendant told him that he would pay the costs in a certain will case should it go against his wife, who was contesting the probate; that on the strength of such promise, he proceeded with the case and looked to the defendant for payment when it was concluded.
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Before Rice, J., Dillon, March, 1915. Action by J. C. Davis, Probate Judge for Dillon county, against I. Blum, originally brought in magistrate’s Court. The testimony of plaintiff, Judge of Probate, was that the defendant told him that he would pay the costs in a certain will case should it go against his wife, who was contesting the probate; that on the strength of such promise, he proceeded with the case and looked to the defendant for payment when it was concluded. The defendant by his testimony denied making such promise and in his pleadings set up the statute of frauds. The judgment in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
I think the judgment below should be affirmed for these reasons:
1, 2 When the facts are undisputed or susceptible of only one inference, it is a question of law whether the contract sued on is an original or.a collateral undertaking within the statute of frauds. But where there ■ is conflict in the evidence, or it is open to more than one inference, it is a question of fact for the jury. Lorick v. Caldwell, 85 S. C. 94, 67 S. E. 143. And, in a law case like this, the findings of the Circuit Court are not reviewable, unless wholly…
2Cases cited4 opinions
- Lorick & Lowrance v. CaldwellSupreme Court of South Carolina · 1910
- Ellis & Co. v. CarrollSupreme Court of South Carolina · 1904
- Speer v. MeschineSupreme Court of South Carolina · 1896
- Ollever v. DuvalSupreme Court of South Carolina · 1890
3Cited by6 opinions
- Shayne of Miami, Inc. v. Greybow, Inc.Supreme Court of South Carolina · 1957
- Stackhouse v. Pure Oil Co.Supreme Court of South Carolina · 1935
- The MacCabees v. LippsCourt of Appeals of Maryland · 1943
- Theodore v. MOZIESupreme Court of South Carolina · 1956
- Fox Weeks v. LaneySupreme Court of South Carolina · 1917
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