Oakes v. Shrewsbury

Court of Appeals of South Carolina

Oakes v. Shrewsbury

31 S.C.L. 410

DecidedJanuary 15, 1846

StatusPublished

This text of 31 S.C.L. 410 (Oakes v. Shrewsbury) 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

Oakes v. Shrewsbury, 31 S.C.L. 410 (S.C. Ct. App. 1846).

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Opinion

Curia, per Wardlaw, J.

If the plaintiff sought to recover damages for a deceitful representation not noticed in the written contract, he should have sued in case. If the written contract may be construed to amount to a warranty that the negroes were subject to the lien of the mortgage, the first count is too defective in form to be considered a special count in assumpsit upon the warranty; and the general counts could not be maintained (even if money instead of a negro had been paid for the assignment,) without proof of an offer to return the bond and mortgage, or of some other act which might amount to a rescisión of the contract. The motion is dismissed.

Richardson-, O’Neall, Evans, Butler and Frost, JJ. concurred.

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Curia, per Wardlaw, J.

If the plaintiff sought to recover damages for a deceitful representation not noticed in the written contract, he should have sued in case. If the written contract may be construed to amount to a warranty that the negroes were subject to the lien of the mortgage, the first count is too defective in form to be considered a special count in assumpsit upon the warranty; and the general counts could not be maintained (even if money instead of a negro had been paid for the assignment,) without proof of an offer to return the bond and mortgage, or of some other act which might amount to a rescisión of the contract. The motion is dismissed.

Richardson-, O’Neall, Evans, Butler and Frost, JJ. concurred.

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Bluebook (online)

31 S.C.L. 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakes-v-shrewsbury-scctapp-1846.