Northrop v. Mercantile Trust & Deposit Co.

Citations

• 119 F. 969
• 1903 U.S. App. LEXIS 5441

Syllabus

<p>1. Amendment of Complaint—Cause of Action Arising after Suit Brought.</p> <p>Under the Code of Procedure of South Carolina, the gomplaint, in an action for a breach of a contract, cannot be amended by alleging a second breach occurring after the action was commenced, and asking damages also for that.</p> <p>'2. Contracts—Right of Action for Breach—Repudiation before Time for Performance.</p> <p>The refusal of one party to an executory contract, containing interdependent obligations to be performed by each party at different times, to recognize or be bound by such contract, authorizes the other party to treat it as terminated, and to bring suit for its breach at once, although the time for performance of some of the conditions by defendant has not arrived.</p> <p>8. Amendment of Complaint—Action for Breach of Contract.</p> <p>The complaint, in an action for breach of a contract, by the failure of defendant to pay an installment due thereunder, there being other obligations not matured, may be amended to ask damages for breach of the entire contract, where the amendment shows the contract to have been, executory, and alleges that prior to the suit defendant had repudiated the same and refused to be bound thereby.</p>