Greer v. Latimer

Citations

• 47 S.C. 176
• 25 S.E. 136
• 1896 S.C. LEXIS 117

Syllabus

<p>1. Exceptions. — Under the rulings in this case, there is no practical basis for the first ground, of appeal.</p> <p>2. Attorney and Client — Receipt—Fee—Evidence.—Upon the question of how much it cost a client to defend a certain claim, it is competent to prove by the attorney how much the client told him he allowed him for this special work in paying him for this and other services, and the contents of a lost receipt for such payment, dictated by the client, may he proven.</p> <p>3. Defense — Nudum Pactum.- — The defense of nudum pactum need not he set up as an affirmative defense to a complaint on an instrument which does, not on its face import a consideration.</p> <p>4. Jury — -Quantum Meruit — -FEE.—It is the province of the jury to fix the amount of a fee, where no amount has been agreed upon.</p> <p>5. Pleadings — Allegations—Admissions.—Allegations and admissions in pleadings relate only to matters of fact, and not to propositions of law.</p> <p>6. INTEREST. — There is nothing in the pleadings and evidence in this case to show that the plaintiff was entitled to interest on the amount sued on from date of the instrument.</p>