Lorick & Lowrance v. Caldwell
Supreme Court of South Carolina
Before Hydrick, J., Richland, March term, 1909. Action by Loríele & Lowrance against Howard Caldwell. From judgment for plaintiff, defendant appeals. cite: Promise to pay the debt of Hall must be in writing: .1 McC., 100; 4 Strob., 430; 29 S. C., 13, 68 S. C., 396. Test ivhether undertaking zvas original or collateral: 4 Strob., 430; 29 S. C„ 13; 1 McC., 100; 1 McC., 103; 4 Rich., 100; 1 McM., 280; 1 Rich., 223; 32 S. C., 276. And is a question of law: 1 McC., 106; 1 Rich.,…
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Before Hydrick, J., Richland, March term, 1909. Action by Loríele & Lowrance against Howard Caldwell. From judgment for plaintiff, defendant appeals. cite: Promise to pay the debt of Hall must be in writing: .1 McC., 100; 4 Strob., 430; 29 S. C., 13, 68 S. C., 396. Test ivhether undertaking zvas original or collateral: 4 Strob., 430; 29 S. C„ 13; 1 McC., 100; 1 McC., 103; 4 Rich., 100; 1 McM., 280; 1 Rich., 223; 32 S. C., 276. And is a question of law: 1 McC., 106; 1 Rich., 226; 4 Rich., 104. cites: As to original and collateral promises: 20 Cyc., 163-4, 167, 162; 2 Bail., 56, 581; 3 McC.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action on an open account for goods sold and delivered.
The defendant denied the allegations of the complain*-, and set up as a defense, that any promise he may have made, was to pay the debt of another, and, as it was not in writing, that it was void under the statute of frauds.
The jury rendered a verdict in favor of the plaintiff for $266.90, and the defendant appealed.
The main question in the case is, whether the promise of the defendant was void under the statute of frauds.
The appellant’s attorneys contend, that the…
2Cases cited2 opinions
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