Leesville Mfg. Co. v. Morgan Wood & Iron Works
Supreme Court of South Carolina
Before Krugh, J., Spartanburg, December, 1905. Actioni by Leesville Mfg. Co. against Morgan Wood and Iron Works. From judgment for plaintiff, defendant appeals. cite: Principal cannot be bound' by admissions of another without some proof of agency: 56 S. C., 320. Letter of appellant to respondent’s attorney should have been admitted: 58 S. C., 201. Upon proof that paper is lost copy may be introduced- without notice to produce: Code 1902, 2895; 17 Cyc., 518; 1 MeC., 94; 61…
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Before Krugh, J., Spartanburg, December, 1905. Actioni by Leesville Mfg. Co. against Morgan Wood and Iron Works. From judgment for plaintiff, defendant appeals. cite: Principal cannot be bound' by admissions of another without some proof of agency: 56 S. C., 320. Letter of appellant to respondent’s attorney should have been admitted: 58 S. C., 201. Upon proof that paper is lost copy may be introduced- without notice to produce: Code 1902, 2895; 17 Cyc., 518; 1 MeC., 94; 61 S. C., 292; 63 S. C., 78., Damages for breach of contract are general and not special: 10' S'. C., 97; 1 McM., 116. Mr.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff sued defendant to' recover $135.75 for lumber sold and delivered, and recovered judgment for $69.49, from which defendant appeals upon exceptions raising the questions which we now consider.
1 1. Whether the Court erred in refusing defendant the right to open and reply. The right of the defendant to' open and reply depends upon whether the answer admits the plaintiff’s cause of action and relies upon an affirmative defense, so' that if defendant offered no- evidence the plaintiff would be entitled to judgment on the…
2Cases cited9 opinions
- Ruberg v. BrownSupreme Court of South Carolina · 1897
- Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902
- Scofield v. Parlin & Orendorff Co.Court of Appeals for the Seventh Circuit · 1894
- Lewis v. HinsonSupreme Court of South Carolina · 1902
- Hobbs v. BeardSupreme Court of South Carolina · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wayne Smith Construction Co. v. Wolman, Duberstein, & ThompsonCourt of Appeals of South Carolina · 1987
- Woodward v. South Carolina Farm Bureau InsuranceSupreme Court of South Carolina · 1981
- State v. GreenCourt of Appeals of South Carolina · 2019
- Funderburk v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1936
- Elliott v. CarrollSupreme Court of South Carolina · 1936
4 more not listed; retrieve them via the Exa API.