Cheraw & Chester Railroad v. Garland

Citations

• 14 S.C. 63
• 1880 S.C. LEXIS 100

Syllabus

<p>1. Nos. 1, 2, 3 and 4 of the syllabus in Cheraw and Chester Railroad Company v. White, ante p. 51, re-affirmed.</p> <p>2. There is nothing- in the charter of the Cheraw and Chester Railroad Company (15 Stat. 442) which requires its whole capital stock to be subscribed before calls are made for the payment of subscriptions; and therefore stock subscriptions may be made payable upon such terms as are agreed upon between the corporation and the stockholders.</p> <p>3. When a contract does not call for any demand of payment by specified persons or in a particular mode, a general demand is all that need be alleged in the complaint.</p> <p>4. An omission to state in the complaint that plaintiff was ready to perform his part of the contract sued upon, does not affect the substantial rights of the defendant; and the judgment of the Circuit Court disregarding such omission may not be reversed on appeal. Code, $ 199.</p> <p>5. Complaint alleged the subscription by defendant to the stock of plaintiffs’ company of fifty acres of land, and a refusal to convey, and demanded payment in money for the land so subscribed, without alleging a promise to pay money or a previous demand for money — Held, on demurrer, to state facts sufficient to constitute a cause of action.</p>