Hughes v. Blakeley
Supreme Court of South Carolina
Hughes v. Blakeley, 105 S.E. 737 (S.C. 1921)
115 S.C. 374; 106 S.E. 737; 1921 S.C. LEXIS 6
Gage, Gary
Hughes v. Blakeley
Opinion of the Court
The opinion of the Court was delivered by
In this appeal the only exception is as follows:
“Because his Honor, the presiding Judge, erred, it,is respectfully submitted, in striking out of defendant’s alleged counterclaim the words ‘and left the premises of defendant after destroying a well thereon and damaging' the buildings,' the error being that defendant was entitled to the benefit of said allegation as a defense and counterclaim to plaintiff’s cause of action, which was one, for an accountiiig on a settlement between landlord and laborer, and the destruction of *376 the building and well constituted elements of damage properly deductible from the amount, if any due, by the defendant to the plaintiff, and constituted a breach of the contract between the plaintiff and the defendant by the plaintiff.”
It is only necessary to cite the case of Haygood v. Boney, 43 S. C. 63, 20 S. E. 803, to show that the ruling was erroneous.
Reversed.
Reference
- Full Case Name
- Hughes v. Blakeley.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Set-Off and Counterclaim — Damage to Farm Proper Counterclaim in Action on Cropper's Contract. — In laborer’s action against farm owner for an accounting and for amount due under share cropper’s contract, owner’s counterclaim for damages sustained by reason of laborer destroying well and damaging buildings on the farm while in possession under the contract held proper.