Fuller v. McLeod
Supreme Court of South Carolina
Before DrVorr, J., Sumter, March, 1911. Action by H. B. Tuller against C. L. McLeod. Plaintiff appeals. cites: As to construction of conditions: 89 S. C. 81; 7 Cyc. 10-1; 85 S. C. 196. Attorney’s fees, loss of time, expenses, etc., should not be considered in azvarding actual damages: 39 S. C. 465; 31 S. C. 49; 12 Rich. 292; 3 Strob. 373; 40 S. C. 528; 51 S. €. 484; 65 S. C. 506. cite: As to construction of condition as to removal: 4 Cyc. 437; 43 S. C. 203; 74 S. •C. 453.…
Read the full summary
Before DrVorr, J., Sumter, March, 1911. Action by H. B. Tuller against C. L. McLeod. Plaintiff appeals. cites: As to construction of conditions: 89 S. C. 81; 7 Cyc. 10-1; 85 S. C. 196. Attorney’s fees, loss of time, expenses, etc., should not be considered in azvarding actual damages: 39 S. C. 465; 31 S. C. 49; 12 Rich. 292; 3 Strob. 373; 40 S. C. 528; 51 S. €. 484; 65 S. C. 506. cite: As to construction of condition as to removal: 4 Cyc. 437; 43 S. C. 203; 74 S. •C. 453. Answer sets out special damages: 65 S. C. 506 ; 31 S. C. 52. Nominal damages may be recovered without proof of actual: 34…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant, on March 29, 1910, purchased from the plaintiff two mules, and for $360.18 of the purchase money gave him a note secured by a mortgage of the mules. The mortgage contained the following stipulation: “And provided further, that said mortgagor shall retain possession of said goods and chattels until default be made in the payment of said note, but if the same is not paid when due, or if before the said note is due, the said mortgagor shall attempt to make way with or remove said goods and chattels, or any part thereof,…
2Cases cited3 opinions
- Edgefield Mfg. Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1907
- Sonneborn v. Southern RailwaySupreme Court of South Carolina · 1903
- Marshall, Springs & Co. v. SmithSupreme Court of South Carolina · 1900
3Cited by1 opinion
- Bank of Norris v. Pates & Allen Co.Supreme Court of South Carolina · 1918