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· 7/1/1884

Hill v. Perrin

Citations

  • 21 S.C. 356
  • 1884 S.C. LEXIS 104

Syllabus

<p>1. The bar of the statute of limitations being pleaded by defendant, plaintiff offered to prove by parol that defendant, in consideration of forbearance, had agreed that if the amount was not paid before six years after the maturity of the account, he would not plead the statute. Held, that the Circuit judge committed no error in excluding the parol testimony offered.</p> <p>2. A parol promise not to plead the statute cannot operate as a waiver, or as an agreement, or by way of estoppel, to subvert the declared policy of the statute. Code, § 131.</p>

Judges: Chiee, Simpson

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