Harris v. Railroad Co.

Citations

• 31 S.C. 87
• 9 S.E. 690
• 1889 S.C. LEXIS 3

Syllabus

<p>A. made a written, unsealed contract in his own name with a railroad company for the delivery of pine wood for fuel, the contract stipulating that this contract or any rights thereunder should not be transferred or assigned by A. to any other party without the consent of the company endorsed thereon. B., for whom A. was acting, sued the company upon this contract in his own name. Leave was granted B. at the trial to amend the complaint by alleging that the contract was made by A. for B.’s benefit; but B. declined to amend, whereupon the trial judge ordered a non-suit. Held, that under the pleadings B. was not entitled to prove any interest under this contract.</p> <p>Only result concurred in.</p>