Keitt v. Counts
Citations
- 15 S.C. 493
- 1881 S.C. LEXIS 100
Syllabus
<p>1. A finding of fact, concurred in by master and Circuit judge, sustained, it not being clearly against the weight of evidence.</p> <p>2. Defendants purchased from plaintiff, partly on credit, a chattel, the title to which was to remain in plaintiff until it was paid for. Held, that plaintiff was entitled to recover its possession after default of the payment required by the contract.</p> <p>3. The complaint in this case having stated the contract, the payments and the balance due, and the title to the property having been adjudged to-be in plaintiff, the defendant cannot object that the judgment ordered a sale instead of a delivery. In such case, however, the debt and interest should be paid out of the proceeds of sale, but nothing additional as damages for the detention.</p>
Judges: McGowan, McIver, Simpson
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