Bryce v. Parker

Citations

• 11 S.C. 337
• 1879 S.C. LEXIS 9

Syllabus

<p>1. A tort arising out of contract may be waived, and the same cause of action . treated as a contract, and set up as such, under the second subdivision of Section 173 of the code of procedure, by way of counter claim to an action arising on another contract.</p> <p>2. Assurances made by the owner at the time of sale, that a chattel had not been subjected to certain conditions which rendered it peculiarly liable to disease, and without which assurances it would not have been bought, constitute a warranty.</p> <p>3. Unascertained damages arising ex contractu are admissible as a counter claim.</p>