General Electric Co. v. Blacksburg Land & Improvement Co.

Citations

• 46 S.C. 75
• 24 S.E. 43
• 1896 S.C. LEXIS 34

Syllabus

<p>1. Evidence — Objection..—-A defendant cannot object at the trial to the in- ' troduction of a letter, on the ground that it was irrelevant, and in this court upon the ground that the signature of the writer was not proved.</p> <p>2. Ibid. — A letter written by the president of a corporation, promising to pay a claim against his corporation, is relevant in a suit on the claim.</p> <p>3. Exceptions. — The office of an exception is to point out some particular error, either as to the law or the testimony, and one not performing this duty will not be considered by this court.</p> <p>4. Pkooe — Variance.—Upon action brought for goods sold and delivered, proof that the account was for repairs done, is sufficient to sustain a judgment, when it is manifest the opposite party was not misled thereby, and when he did not make a motion below to have the plaintiff elect which cause of action he would rely upon.</p> <p>5. Evidence — Ibid.—In an action on account for goods sold and delivered, proof that the account is for repairs, a copy being served with complaint, there is not a fatal variance between allegations and proof.</p>