Pinson v. Bowles
Supreme Court of South Carolina
Before Sease, J., Greenwood, July, 1920. Action by E. L. Pinson against M. G. Bowles and Mrs. M. E. Bowles on a promissory note.
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Before Sease, J., Greenwood, July, 1920. Action by E. L. Pinson against M. G. Bowles and Mrs. M. E. Bowles on a promissory note. From judgment for plaintiff the defendants appeal. cite: Defendants were entitled to open and reply: 35 S. C. 165; 50 S. C. 25; 63 S. C. 291; 92 S. C. 122. Plaintiff’s contract to sell was absolute and his failure to sell was a breach of the contract: Bttiott on Contracts, Vol. 3, Sec. 1891. cite: Bxamination of record shows defendcmts were not prejudiced by Judge’s charge: 93 S. C. 420, 426 ; 78 S. C. 81; 93 S. C. 295, 299. Where no time is fixed for the…
1Dissent
Mr. Justice Coti-iran,
(dissenting:) It is my conviction that the judgment herein should be not affirmed, as a majority of this Court has concluded.
The action is upon a note .signed by the defendant, M. G. Bowles, and Mrs. M. E. Bowles, dated June 7, 1918, pay able on demand to the plaintiff, E. L. Pinson, or order for $255, with interest at 8 per cent, per annum compounded. The answer admits the plaintiff’s case upon the pleadings, and sets up an affirmative defense of failure of consideration.
Under the well-established rule in Addison v. Duncan, 35 S. C. 165, 14 S. E. 305; Beckham v.…
2Cases cited4 opinions
- Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902
- Addison v. DuncanSupreme Court of South Carolina · 1892
- Beckham v. Southern Railway Co.Supreme Court of South Carolina · 1897
- Barnett v. GottliebSupreme Court of South Carolina · 1914