Yaeger &c. Co. v. Rawls

Citations

• 41 S.C. 331
• 19 S.E. 649
• 1894 S.C. LEXIS 73

Syllabus

<p>1. .Guarantor — Agent—Pleadings—Amendment.—An agent, selling on commission, extended an order to his principal for a certain brand of flour, guaranteeing payment. An inferior brand was shipped, draft drawn and accepted by the purchaser, but not paid, and the purchaser offered this agent to return the flour if repaid his drayage and handling expenses, but this offer was not communicated by the agent to his principal until after sale of the purchaser’s stock under a chattel mortgage. The seller then sued the purchaser to judgment, and on return of nulla bona, sued this agent on his guaranty. Held, that there was error under the pleadings in permitting the jury to base a verdict for plaintiffs on the agent’s neglect of duty in informing his principals of the purchaser’s offer, whereby the plaintiffs mig-ht have saved themselves, notwithstanding their shipment oí goods other than those for which payment was guaranteed. But an amendment of the complaint was authorized by this court if applied for on Circuit within a time limited.</p>