Greene v. Duncan

Citations

• 37 S.C. 239
• 15 S.E. 956
• 1892 S.C. LEXIS 16

Syllabus

<p>1. Conditional Acceptance—Complaint—Demurrer.—One S. wired plaintiff to tell defendant to pay plaintiff §300, and on presentation defendant endorsed thereon : “Whenever S. finishes his contract for the building of my two stores, I will honor the within order.” In action on this acceptance, defendant alleged in his answer that he had made no contract with plaintiff for the materials furnished, but that S. was to furnish all materials; that, at the date of the acceptance, the work was not completed, and plaintiff knew it, and S. refused to work further, and defendant had to have the buildings completed at a greater cost than the balance of S.’s contract price unpaid at time of acceptance. Held, that this answer stated facts sufficient to constitute a defence.</p> <p>2. Ibid.—Antecedent Promises.—A draft accepted, “whenever S. finishes his contract for the building of my two stores,” in the light of the undisputed and uncxcepted to testimony, was a conditional acceptance, which super-ceded former communications; and the trial judge, when asked to charge that the acceptance was valid and binding, and rendered the acceptor liable, properly added that it was valid according to the terms of the acceptance.</p> <p>3. Ibid.—An acceptor of an order for money is liable to the holder, whether he has funds of the drawer or not, provided his acceptance was absolute and unconditional.</p> <p>4. Ciiarging Juries—Conditional Requests.—Where a party requests certain charges to the jury in the event of certain other requests being refused, and the trial judge charges all of them, his attention not being called to the matter at the time, no ground exists for an exception by such party.</p> <p>5. Conditional Acceptance—Law of Case.—A conditional acceptance becomes absolute when the condition is performed, and is discharged if not performed. But where the trial judge charged that it may operate as an equitable assignment of certain funds left in the acceptor’s hands, if any, and to su