McGee v. Wells

Citations

• 37 S.C. 365
• 16 S.E. 29
• 1892 S.C. LEXIS 22

Syllabus

<p>1. Evidence—Pleas—Counter-Claim.—In action on an account, plaintiff was asked on his cross-examination if he had not agreed with defendant that a bill due by plaintiff for furniture bought from a firm of which defendant was a member, should be credited on the account in suit, and plaintiff denied that there had been such an agreement. Defendant, when examined, was asked by his counsel, what was the value#of this furniture, which question was ruled out, and defendant was limited to a contradiction of plaintiff’s statement. Held, that there was no error in the exclusion of this question, the bill for furniture not being due to the defendant alone, nor pleaded as payment or counter-claim, nor stated in the account between the parties offered in evidence by the defendant.</p> <p>2. Evidence—Trial Judge.—On a claim for the value of services in superintending the building of a smoke-stack, a witness was permitted to testify that pay for work on a smoke-stack was higher than work on the main building, but did not say how much. This court will not declare error on the part of the trial judge in holding this testimony to be relevant.</p> <p>3. Charge on Pacts.—Stating an inference from undisputed facts, and stating facts hypothetically, is not a charge on the facts within the meaning of the constitutional inhibition.</p>