Legal Opinion

Burwell & Dunn Co v. Chapman

Supreme Court of South Carolina

Decided March 25, 1901PublishedCited by 6 opinions

Before Klugh, J., Saluda, August, 1900. Action for goods sold and delivered by Burwell & Dunn Co. v. Irvine Chapman et al. From order Circuit Court reversing judgment of magistrate, defendants appeal.

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Before Klugh, J., Saluda, August, 1900. Action for goods sold and delivered by Burwell & Dunn Co. v. Irvine Chapman et al. From order Circuit Court reversing judgment of magistrate, defendants appeal. The following is the contract or order under which the goods were shipped: “The Burwell & Dunn Company of Charlotte, N. C., will please ship to us at Chappells, S. C., the following goods, for which we will pay the prices set out in the list, at $5 a month until paid, from date of shipment, provided that company will also allow us 25 per cent, discount, for which no charge shall be made, the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Cpiiee Justice McIver.

The plaintiff brought this action in a magistrate’s court to recover the amount due on certain merchandise alleged to have been sold and delivered to the defendants by the plaintiff in pursuance of the terms of a certain instrument in writing, a copy of which is set out in the “Case,” signed by the defendants and one Elaun, as agent for the plaintiff company. The defendants filed their answ.er in writing, in which they set up the following defenses : 1st. A general denial. 2d. A denial of the corporate character of the…

2Cited by6 opinions

  1. Oxweld Acetylene Co. v. DavisSupreme Court of South Carolina · 1921
  2. Chandler v. People's National BankSupreme Court of South Carolina · 1927
  3. Holmes v. WeinheimerSupreme Court of South Carolina · 1903
  4. Carter v. American Fruit Growers, Inc.Supreme Court of South Carolina · 1926
  5. State v. AdamsCourt of Appeals of South Carolina · 1991

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