Spears v. Fields
Supreme Court of South Carolina
Before Gary, J., Darlington, November, 1903. Action by C. M. Spears against W. D'. Fields. From Circuit order reversing judgment of magistrate court, defendant appeals. cites: Tender was good: Code, 1902, 3006; 26 S, C., 337; 16 S. C., 127. Failure to perform conditions is failure of consideration: 3 Hill, 588; Bish. on Con., secs. 671, 676, 689, 690, 691, 695, 703; 1 Hill, 289; 2 Par. on Con., 808, 812, 815, 816; 8 Rich., 137; 1 Par. on Con., 193. Written contract may be…
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Before Gary, J., Darlington, November, 1903. Action by C. M. Spears against W. D'. Fields. From Circuit order reversing judgment of magistrate court, defendant appeals. cites: Tender was good: Code, 1902, 3006; 26 S, C., 337; 16 S. C., 127. Failure to perform conditions is failure of consideration: 3 Hill, 588; Bish. on Con., secs. 671, 676, 689, 690, 691, 695, 703; 1 Hill, 289; 2 Par. on Con., 808, 812, 815, 816; 8 Rich., 137; 1 Par. on Con., 193. Written contract may be rescinded orally: Bish. on Con., sec. 508; 1 S. C., 277; 5 Rich., 167; Chitty on Con., 711; 2 Strob. Eq., 17; 1 Par. on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant gave to' the plaintiff a chattel mortgage of a horse to= secure agricultural advances for the year 1902 to the amount of fifty dollars. Only $20.67 was advanced for the reason, as defendant alleges, that the plaintiff did not have in his store and could not furnish fertilizers and other staple supplies. After the time fixed for the payment of the advances, the plaintiff brought this action of claim and delivery to obtain possession of the mortgaged property. The defendant set up two' defenses: (1) tender of the sum'…
2Cases cited1 opinion
- Colvin v. McCormick Cotton Oil Co.Supreme Court of South Carolina · 1903
3Cited by6 opinions
- Justus v. Universal Credit Co.Supreme Court of South Carolina · 1939
- Greene v. WashingtonSupreme Court of South Carolina · 1916
- Sparks v. GreenSupreme Court of South Carolina · 1910
- McNeill v. ConyersSupreme Court of South Carolina · 1908
- Reynolds v. PriceSupreme Court of South Carolina · 1911
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