Dozier v. Johnston

Court of Appeals of South Carolina

Dozier v. Johnston

20 S.C.L. 297

DecidedMarch 15, 1834

StatusPublished

This text of 20 S.C.L. 297 (Dozier v. Johnston) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dozier v. Johnston, 20 S.C.L. 297 (S.C. Ct. App. 1834).

Pincite

Opinion

Harper J.

We concur with the presiding judge, that there was sufficient evidence of the delivery of the lumber. The authority relied on by the plaintiff’s counsel, in argument, sustains his position. In the case of Garret v. Moss, (if I recollect the title rightly) decided by us at Columbia, where the defendant had bid off, I think, a horse, at public auction, and directed the seller to take him home and keep him ’till called for, we held, that the seller, in taking him according to the request, was the agent of the buyer, and that this amounted to a sufficient delivery.

The motion is granted-

JOHNSON, J. concurred.

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Harper J.

We concur with the presiding judge, that there was sufficient evidence of the delivery of the lumber. The authority relied on by the plaintiff’s counsel, in argument, sustains his position. In the case of Garret v. Moss, (if I recollect the title rightly) decided by us at Columbia, where the defendant had bid off, I think, a horse, at public auction, and directed the seller to take him home and keep him ’till called for, we held, that the seller, in taking him according to the request, was the agent of the buyer, and that this amounted to a sufficient delivery.

The motion is granted-

JOHNSON, J. concurred.

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Bluebook (online)

20 S.C.L. 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dozier-v-johnston-scctapp-1834.