Whaley v. Keitt

Citations

• 22 S.C. 247
• 1885 S.C. LEXIS 14

Syllabus

<p>1. A finding of fact by a referee, concurred in by the Circuit judge, based upon direct testimony involving the accuracy and credibility of witnesses, affirmed.</p> <p>2. Under a contract between G. and A., under which A. was to superintend a plantation of G., and was to receive the “net cotton after all expenses were paid,” G. furnishing all the supplies, the provision crops were not applicable to the payment of the expenses.</p> <p>3. The cotton made upon the plantation not being sufficient to pay the expenses, and A. having paid a note for supplies out of the proceeds of the cotton crop, and then brought action against G. to recover such payment (G. being the principal on such note, and A. the surety), G.’s defence was not in the nature of a counter-claim, nor was the statute of limitations applicable thereto.</p>