Sullivan v. Susong

Citations

• 36 S.C. 287
• 15 S.E. 377
• 1892 S.C. LEXIS 92

Syllabus

<p>1. Case Criticised.- — -The extent of the decision of this court in the case of Sullivan v. Susong, 30 S. 0., 305, stated.</p> <p>2. Agreed Mode or Ascertainment op Facts — Substituted Mode.— Where certain grading work has been done at fixed prices, and, by agreement, the amount of the work is to be ascertained by remeasurement by engineers, and such mode of ascertainment becomes impossible without fault by either party, the court may, by other competent testimony, ascertain the amount of work that was done, and base a decree thereon.</p> <p>3. Findings of Fact concurred in by referee and Circuit Judge affirmed, such findings not being without support in the testimony, or manifestly against the weight of the evidence.</p> <p>Mr. Justice McGowan, dissenting.</p>