Russell v. Peay

Citations

• 29 S.C.L. 217

Syllabus

<p>i. Where, in an action brought by the purchaser against the seller, for the breach of a covenant, in the sale of a quantity of the monis multicaulis at a specific price (18 cents,) per tree, the proof was that in making the sale, the seller told the purchaser that “he knew nothing about the pribe of the trees, and would depend on him,” to which the latter replied, “he was giving or would give the full value at the northj they were then a drug”— when in fact the trees were worth more at the north, the spring preceding the purchase, than the price stipulated to be given, and in the autumn of the same year, when the sale was effected, more than double that pricej coupled with the fact that the purchaser had just besfore the sale returned from the north; and had also admitted that he told defendant the trees were worth from 13 to 15 cents, and that he did not know that he was bound to tell him the precise price, the Court refused to order a new trial, the verdict having been for the defendant.</p>