Trotti v. Neams

Supreme Court of South Carolina December 20, 1920

Trotti v. Neams, 105 S.E. 444 (S.C. 1920)

115 S.C. 292; 1920 S.C. LEXIS 228

Chiee, Gary, Messrs, Hydrick, Watts, Fraser, Gage

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

1, 2 For the reason assigned by his Honor, the Circuit Judge, in sustaining the demurrer, and the appellant having failed to satisfy this Court that he erroneously exercised his discretion in refusing to allow the defendant to amend his answer, the judgment of the Circuit Court is affirmed.

Messrs. Justices Hydrick, Watts and Fraser concur. Mr. Justice Gage did not take part on account of sickness.

Reference

Full Case Name: Trotti v. Neams.
Status: Published
Syllabus: 1. Brokers — Answer to Suit on Commission Note Denying Agency Held Insufficient Because Showing Ratification. — In an action on a promissory note, an answer which alleged that the note was given to pay plaintiff’s commission for the sale of land to defendant, and that after defendant acquired the land he learned that plaintiff was not authorized by the vendor to represent -her in making the sale, is insufficient to show want of consideration, since the sale to defendant by the vendor ratified plaintiff’s acts, if they were unauthorized. 2. Appeal and Error — Appellant Must Show Abuse of Discretion in Denying Amendment. — To secure reversal of the judgment for denial of leave to amend the answer, appellant must satisfy the. Court that the trial Judge erroneously exercised his discretion.