Supreme Court of South Carolina, 1912

Briggs v. Donaldson

Supreme Court of South Carolina · Decided March 16, 1912 · Woods, Chiee, Gary, Hydrick

74 S.E. 41; 91 S.C. 22; 1912 S.C. LEXIS 189 (South Eastern Reporter)

Counsel

Messrs. McCullough, Martin Blythe , for appellants, cite: If defendants were brokers they are not liable: 84 S.C. 197 ; 86 S.C. 76 ; 19 Cyc. 196; L.R. 19 Eq. 108; 92 Va. 581 ; 18 Barb. 60; 89 N.W. 1086; 42 At. R., 81; 30 Id. 1073; 116 A.S.R. 342. If the contract was accepted by plaintiff, the broker is entitled to his commissions: 23 Ency. 917; 19 Cyc. 244, 259; 21 A.R. 192; 20 N.E. 174; 89 N.W. 652; 100 N.W. 327. Mr. Adam C. Welborn contra.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

*26 1 *25 This appeal is from a judgment of the Circuit Court 'affirming the judgment of the magistrate. The decree of the Circuit Court demonstrates that *26 the case has been rightly decided, and- that there is no substantial merit in the exceptions. The technical points can not avail. Section 88 of the Code of Procedure provides that in magistrates’ courts “A variance between the proof on the trial and the allegations in the pleadings shall be disregarded, as immaterial, unless the Court shall be satisfied that the adverse party has been misled to his prejudice thereby.” The record shows that the defendant was not misled to his prejudice. Section 368 requires that technical errors and defects be disregarded.

The judgment of 'this -Court is- iftat the judgment of the Circuit Court be affirmed for the reasons therein stated.

Only Mr. Chiee Justice Gary and Mr. Justice Hydrick participate in this opinion and concur.

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