Russell v. Arthur

Citations

• 17 S.C. 477
• 1882 S.C. LEXIS 88

Syllabus

<p>1. Where a contract was made wholly by letter, the court must construe the contract, and it is error to leave its construction to the jury.</p> <p>2. Where a party stands upon his strict legal right and sues for services not rendered, the onus rests upon him to prove what the contract was, and to show that he is not in fault; still, if the contract was in writing, the court must construe it.</p> <p>3. In charging the jury that they must not consider defendant’s counter-claim because he had offered to pay plaintiff $50 after the date of the alleged indebtedness, the presiding judge erred in taking a question of fact from the jury.</p>