Gregory v. Cohen & Sons

Citations

• 50 S.C. 502
• 27 S.E. 920
• 1897 S.C. LEXIS 40

Syllabus

<p>1. Appear — Law Case — Supreme Court. — Where a law case is referred by consent, the report of the referee may be excepted to, and affirmed, reversed or modified by Circuit Judge, but his findings of fact cannot be reviewed by this Com-t.</p> <p>2. Damages — The Contract in this case could be terminated by either party at will, and the defendant was not liable to plaintiff for damages for its breach.</p> <p>3. Contract. — Under facts found by the Circuit Judge, plaintiff has no cause of action for further commissions.</p> <p>4. Counter-Craim — Law Case. — In a law case where issues are referred by consent, judgment may be given on unliquidated counter-claim as. by default, when not replied to by defendant.</p> <p>5. The Judgment for defendant was not for possession of property in hands of Court by attachment, but on a cause of action which arose prior to the commencement of this action.</p>