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· 2/21/1989

Adams v. B & D, INC.

Citations

  • 377 S.E.2d 315
  • 297 S.C. 416
  • 1989 S.C. LEXIS 37

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that an affirmative defense not pleaded in the answer or raised before the trial court will not be addressed on appeal
  • stating that the defense of accord and satisfaction must be pleaded in a party’s answer to be before the trial court
  • finding if an appellant fails to plead an affirmative defense or raise it to the trial court, an appellate court will not address it on appeal
  • providing if a party fails to 1 We decide this case without oral argument pursuant to Rule 215, SCACR. plead an affirmative defense or raise it to the trial court, the appellate court will not address it on appeal
  • \An issue not raised before the [circuit] court will not be addressed on appeal.\
  • no novation unless both parties so intend

Source: CourtListener parenthetical corpus (CC0).

Judges: Harwell, Gregory, Chandler, Finney, Toal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.