Lenhardt v. French

Citations

• 57 S.C. 493
• 35 S.E. 761
• 1900 S.C. LEXIS 65

Syllabus

<p>Tort — Counter-claim—Contract—Limitation op Actions — Waiver.— Withholding money belonging to testator from his executor and legatee is a tort, but in a suit by the administrator of such person against the legatee upon a contract with the intestate, the legatee may waive the tort and set up the obligation as an implied contract by way of counter-claim in the suit, but the statute of limitations will then apply, although legatee did not discover the facts until within the statutory period. Mr. Justice Pope dissents.</p>