Supreme Court of South Carolina, 1927

Armstrong v. Henson

Supreme Court of South Carolina · Decided March 24, 1927 · Blease, Watts, Messrs, Cothran, Stabrer, Purdy

137 S.E. 439; 139 S.C. 156; 1927 S.C. LEXIS 143 (South Eastern Reporter)

Counsel

Messrs. Burnett Burnett , and Evans Galbraith , for appellant, cite: Transaction for speculative purposes: 127 S.C. 139. Right of selection: 39 Cyc., 1316, P. 6. Cases distinguished: 69 S.C. 370 ; 53 S.C. 573 ; 77 S.C. 64 . Overruled: 94 S.C. 495. Messrs. Christopher Ruse , for respondent.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Blease.

After a careful reading of the record in this cause, we are convinced that the decree of Hon. Edward Mclver, deceased, Circuit Judge, was proper under all the circumstances. The decree will be reported in full.

The judgment of this Court is that all the exceptions be overruled, and that the decree of the Court of Common Pleas for Spartanburg county be and the same is hereby affirmed.

Mr. Chief Justice Watts, and Messrs. Justices Cothran and Stabrer, and Mr. Acting Associate Justice Purdy concur. Mr. Justice Cothran:

I think that the case of Schmid v. Whitten is wrong in principal and should be distinctly overruled.

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