46 S.C. 568 | S.C. | 1896
The opinion of the Court was delivered by
This action was commenced in a trial justice court for claim and delivery of three bales of cotton. The trial justice’s statement of the case and the appellant’s exceptions will be set out in the report of the case.
1st. That mere knowledge on the part of W. T. Bradley & Co. that the amount due for the hire of the mule was included in the rent note, did not estop them until the whole 2,400 pounds of cotton was paid.'
2d. That if there was no deception, and both parties
3d. That the testimony was conflicting as to the alleged agreement between McCaslan and W. T. Bradley & Co., relative to the-hire of the mule, and that it was for the jury to determine this conflict of testimony. This Court fails to see wherein this charge was a denial of substantial justice.
It is, therefore, the judgment of this Court, that the judgment of the Circuit Court be reversed, and a new trial ordered, unless within ten days after written notice of this judgment the defendant shall deliver to the plaintiff 157 pounds of said cotton, or its equivalent in money. And upon such being done, that the judgment of the trial justice be affirmed.