Guy v. McDaniel

Citations

• 51 S.C. 436
• 29 S.E. 196
• 1898 S.C. LEXIS 26

Syllabus

<p>1. Demurrer — Peeadings—Cause oe Action. — Upon demurrer a complaint should be liberally construed, and sustained, if by such interpretation a cause of action is stated, although the precise nature of the charge is not apparent.</p> <p>2. Pdeadings — Woeds and Phrases. — The allegations that the plaintiff, as county dispenser, “has only accounted for, paid or remitted, &c., and has thus misappropriated, misused, &c.,” held to state that he sold the liquors received by him, and failed to properly account for proceeds.</p> <p>3. Words and Phrases. — “Price” held to mean the sum of money for which a thing is bought or sold or offered for sale.</p> <p>4. Ibid. — “Account for, pay and remit price of same,” held to mean “account for, pay and remit the sum for which he sold the same.”</p> <p>5. Pdeadings — Bonds.—In a suit on a bond with conditions, the breach of the conditions must be specifically alleged, unless a general negation necessarily shows a breach.</p>