Pinckney v. Inglesby

Citations

• 28 S.C. 345
• 5 S.E. 823
• 1888 S.C. LEXIS 58

Syllabus

<p>1. The Circuit decree directed that the complaint be dismissed. On appeal by plaintiff no question was made by defendant as to the correctness of one of the conclusions of law upon which the decree was based. Held, that such conclusion would be accepted by this court as the law of this case.</p> <p>2. Pour owners in common of a steam dredge agreed that it should be sold for them by a trustee, but not without the consent of all. All consented to a sale, the consent of one being given by an agent, who was himself the purchaser. Before knowledge and ratification by the absent principal of this act of his agent, one of the other owners, on learning who the -purchaser was, withdrew his assent. Held, that an agent to sell cannot become the purchaser, and therefore there was no consent by the absent principal until ratification by him.</p> <p>3. Held, further, that the consent of another owner might be withdrawn by him at any time before such ratification, which could not relate back so as to interfere with rights intermediately vested.</p>