Gem Chemical Co. v. Youngblood & Cothran
Supreme Court of South Carolina
Before Watts, J., Greenwood, Action by Gem Chemical Co. v. Youngblood & Cothran on account stated. From judgment for plaintiff, defendants appeal. cite: Error to hold that plaintiff had established an account stated between the parties: 23 Mich., 389; 3 Miss., 786; 4 Daly, 216. Error to exclude evidence that account stated was obtained by misrepresentation and fraud: 1 McM. Eq., 84; 2 S. C., 108; 2 Strob. Eq., 148; 67 Hun., 388; 23 Am. Dec., 364; 30 S. C, 616; 1 McC.
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Before Watts, J., Greenwood, Action by Gem Chemical Co. v. Youngblood & Cothran on account stated. From judgment for plaintiff, defendants appeal. cite: Error to hold that plaintiff had established an account stated between the parties: 23 Mich., 389; 3 Miss., 786; 4 Daly, 216. Error to exclude evidence that account stated was obtained by misrepresentation and fraud: 1 McM. Eq., 84; 2 S. C., 108; 2 Strob. Eq., 148; 67 Hun., 388; 23 Am. Dec., 364; 30 S. C, 616; 1 McC. Ch., 161; 39 Cal., 123; 34 Ind., 18; 38 Ark., 334; 26 S. C., 282; 1 Strob., 223 ; 50 Cal., 434; 4 Daly, 216; 2 S- C., 95; 25…
1Opinion of the Court
The opinion of the Court was delivered b}i
Mr. Justice Gary.
As the questions raised by the ex ceptions involve the construction of the pleadings, the material allegations of the complaint and answer will be set out. They are as follows:
Complaint. — I. The first paragraph alleges the corporate existence of the plaintiff. II. The second paragraph alleges the copartnership of the defendants. “HI. That on the eleventh day of July, 1898, at Greenwood, S. C., an account was stated between the said plaintiff and the said defendants ; and upon such statement a balance of two hundred and seventeen…
2Cited by15 opinions
- Chapman v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1934
- Continental Jewelry Co. v. KerhulasSupreme Court of South Carolina · 1926
- Scott v. NewellSupreme Court of South Carolina · 1928
- Skalowski v. Joe Fisher, Inc.Supreme Court of South Carolina · 1929
- Donaldson v. TempleSupreme Court of South Carolina · 1913
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