Williams v. Salmond
Williams v. Salmond
Opinion of the Court
The opinion of the Court was delivered by
This appeal is- from an order overruling a demurrer to the complaint. The complaint alleges: “That on day of October, A. D. 1905, the defendant, through her agent, S. L. Bang, contracted orally with plaintiff to put in good repair all of the houses on one thousand acres of land known as the Salmond place, in the County of Kershaw, in the State of South Carolina, about four males west of Camden, and to build: -and erect such suit *460 able houses for laborers on said Salmond place as would be sufficient to accommodate the laborers required to cultivate the land on said Salmond place, and to' otherwise do such acts and things as would put the said place in first-class condition for agricultural purposes, provided plaintiff, in consideration thereof, would sign an agricultural lease and lien for said Salmond place for the period of three years. That plaintiff, on the 20th day of October, A. D. 1903, signed an agricultural lease and lien, and thereby agreed to pay defendant eighteen five-hundred-weight bales of middling cotton on or before the fifteenth day of October of each year, commencing on the 15th day of October, A. D. 1904.” The allegation is then made of breach of the contract to put the place in repair and build new houses thereon, to the damage of 'the plaintiff $600.
It is 'true the complaint alleges the parol agreement to put in repair and build new houses was the consideration for the plaintiff entering into the lease contract. It is also true the consideration imported by a plain lease contract, such as is here alleged, is on the one side the rent to be received and on the other the use of the land rented. But this does not exclude proof of an additional valuable consideration moving either party in the matter; and hence a separate contract, either parol or written, made as an additional consideration to the lease contract, may be proved and relied on either as a defense or as a cause of action. Whitman v. Corley, 72 S. C., 410, 52 S. E., 49.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.
Reference
- Full Case Name
- Williams v. Salmond.
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