Moneyweight Scale Co. v. Gordon Mercantile Co.
Supreme Court of South Carolina
Before Shipp, J., Greenville, October, 1914. Action by Moneyweight Scale Co. against Gordon Mercantile Co. From order for nonsuit, plaintiff appeals. The facts are stated in the opinion.
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Before Shipp, J., Greenville, October, 1914. Action by Moneyweight Scale Co. against Gordon Mercantile Co. From order for nonsuit, plaintiff appeals. The facts are stated in the opinion. The paper writing in question was as follows: (If salesman takes possession of exchange scale he must so state in writing on this line.) Should there be any failure to promptly pay such note for deferred payments, or any installment thereof, or if you should feel yourselves insecure, or if I (or we) should sell or assign, or attempt to sell or assign, the said scales, or if any suit should be commenced…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is from an order of nonsuit.
The action is for the price of five computing scales worth $570.
The transaction is evidenced by a paper writing, which will be reported, signed by the defendant, and called by the plaintiff a contract evidencing the sale of goods, and called by the defendant an order for or offer to buy goods.
The plaintiff sued on the paper for $571.25, the price of the scales and the cost of protest fees upon an unpaid check.
The answer plead several defenses.
The testimony tends to show that the plaintiff resided…
2Cases cited1 opinion
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