McMakin v. Fowler

Citations

• 34 S.C. 281
• 13 S.E. 534
• 1891 S.C. LEXIS 56

Syllabus

<p>1. Immaterial Question. — Where a Circuit Judge ruled that he was bound by a previous ruling of another Circuit Judge in the same cause, and that moreover he thought such prior ruling was correct and himself ruled accordingly, whether he erred as to the effect of the former ruling is an immaterial question.</p> <p>2. Res Judicata — Evidence or Former Issues. — Where a complaint alleged two agreements by defendant with plaintiff to deliver a specified quantity of brick at dates then past, and further alleged three other agreements-for further delivery at dates then in the future, all of which were alleged to have constituted the consideration of a sale of a brickyard, and demanded judgment for the value of all the brick so promised, the record in that case leaves it doubtful whether the three other agreements were involved in that action, and therefore in a subsequent action upon these three other agreements after their maturity, parol evidence is admissible to prove what were the issues submitted to the jury in the former action and therefore included in that verdict, and as to that alone is the former judgment conclusive.</p> <p>3. Construction of Pleadings. — There was nothing in the former complaint which would warrant the construction that the action was for recission of contract and for the recovery of the property sold or its value.</p> <p>4. The Demand for Relief in a complaint constitutes no part of the cause of action and cannot give character to it.</p>