Supreme Court of South Carolina, 1921

Bruce v. Green

Supreme Court of South Carolina · Decided December 19, 1921 · Fraser

110 S.E. 77; 118 S.C. 27; 1921 S.C. LEXIS 200 (South Eastern Reporter)

Counsel

Mr. Adam C. Welborn , for appellant, cites: Services having been rendered the law presumes a promise to pay: 3 Black 161. Messrs. Martin Blythe , for respondent, cite: Findings of fact in equity case, or in a law case referred by consent, affirmed by the Circuit Court will not be disturbed on appeal unless unsupported by any evidence: 13 S.C. 37 ; 74 S.C. 189 ; 82 S.C. 40 ; 72 S.C. 270 ; 90 S.C. 319 ; 77 S.C. 414 ; 78 S.C. 457 ; 95 S.C. 245 . That which was originally intended as a gratuity cannot afterward be converted into a debt: 2 Bay (2 S.C.L.) 101; 2 Bail. (18 S.C.L.) 308.

Opinion of the Court

- The opinion of the Court was delivered by

Mr. Justice Fraser.

Mrs. Langston owned a lot and an interest in another lot. Mrs. Lawson lived with her and they worked together, or with common purpose, when not together, unless they- were at outs with each other. The business was street begging. Mrs. Langston died and Mrs. Lawson put in a bill against Mrs. Langston’s estate for $1,500, for services rendered. The master and Circuit Judge found against Mrs. Lawson’s claim and she appealed.

*30 There are several exceptions, but they are not separately stated in argument and need not be separately treated here.

The findings of the master and Circuit Judge are fully sustained by the evidence. There was no evidence to sustain an account for money against Mrs. Langston’s estate. There is no evidence that Mrs. Lawson performed any specific act of service. The only evidence of their terms of association was that at times Mrs. Langston expressed her purpose to give her house to Mrs. Lawson for her services, but there was no evidence that she made any effort to do so or had.in any way bound herself to do so.

The judgment is affirmed.

Let the decree of Judge Prince be reported.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.