Walterboro & Western Ry. Co. v. Hampton & Branchville R. R. & Lumber Co.

Citations

• 64 S.C. 383

Syllabus

<p>1. Nonsuit- — -Contract—Evidence.—In suit on written contract, there being in evidence a letter and telegram tending to show assent to the contract by one of the contracting parties, it is error to grant nonsuit on ground that there was no assent in writing by such party to the contract.</p> <p>2. Ibid. — PeEadings.—Where the pleadings do not put in issue the performance of conditions of a contract, it is error to grant nonsuit for failure to prove performance of such conditions.</p>