Legal Opinion

Cleveland Williams v. Butler

Supreme Court of South Carolina

Decided April 30, 1913No. 8536PublishedCited by 8 opinions

Before Memminger, J-, Greenville, March term, 1912. Action by Cleveland & Williams against P. S. Butler. Defendant appeals. After plaintiff has abandoned the cause of action on an express contract there was left no allegation on which recovery could be had: 9 Cyc. 748, 749, 750; 3 Hill 223; 48 S. C. 298; 84 S. C. 73; 87 S. C. 250; 87 S. C. 84. A quantum meruit cause of action is alleged: 21 S. C. 599; 70 S. C. 178, 377; 74 S. C. 222.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiffs, real estate brokers, recovered a judgment against the defendant for services performed in effecting for him an exchange of certain lots in the suburbs of the city of Greenville, known as “Don-wood,” for a peach farm in Georgia. There are a number of exceptions, but the appeal turns on two- positions taken by defendant’s counsel: First, that the complaint states a cause of action on an express contract exclusively, and that the plaintiff having, in the course of the trial, announced his abandonment of that cause of…

2Cases cited1 opinion

  1. King v. Western Union Tel. Co.Supreme Court of South Carolina · 1909

3Cited by8 opinions

  1. H. G. Hall Construction Co. v. J.E.P. EnterprisesCourt of Appeals of South Carolina · 1984
  2. Hutson v. StoneSupreme Court of South Carolina · 1922
  3. Howard & Foster Co. v. Citizens Nat. BankSupreme Court of South Carolina · 1926
  4. Riddle v. GeorgeSupreme Court of South Carolina · 1936
  5. United Farm Agency v. MalanukSupreme Court of South Carolina · 1985

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API