Watson v. Southern Ry. Co.
Supreme Court of South Carolina
Before Memminger, J., Edgefield, March, 1914. Action by A. B. Watson against the Southern Railway Company. From a judgment for defendant,- plaintiff appeals. cite: As to duty to charge request: 67 S. C. 181. Consideration of contract: 20 Me. 462; 9 Cyc. 311; Anson, Contracts (8th ed.) 75. Duty of Court to construe the contract: 81 S. C. 226. Waiver of condition precedent: 69 S. S. 300. Pleading performance: 9 Cyc. 727 and 732; Code Civ.
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Before Memminger, J., Edgefield, March, 1914. Action by A. B. Watson against the Southern Railway Company. From a judgment for defendant,- plaintiff appeals. cite: As to duty to charge request: 67 S. C. 181. Consideration of contract: 20 Me. 462; 9 Cyc. 311; Anson, Contracts (8th ed.) 75. Duty of Court to construe the contract: 81 S. C. 226. Waiver of condition precedent: 69 S. S. 300. Pleading performance: 9 Cyc. 727 and 732; Code Civ. Proc., sec. 212; 61 S. C. 315; 70 S. C. 93; Pom. Code Rem. (4th ed.) 689. Proof of waiver: 4 Cyc. 256, 262, 292; 68 S. C. 388; 78 S. C. 388. Powers of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
On August 2, 1895, plaintiff and defendant entered into a contract in writing, called a permit and license, wherein it was recited that plaintiff desired to erect, at his own expense, a depot at Hibernia, a station on defendant’s road, on defendant’s right of way, for defendant’s use; and it was therein stipulated that the building should be the property of defendant during the life of the contract, and that plaintiff would act as agent of defendant at said station without compensation. Defendant reserved the right to revok'e and…
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