Supreme Court of South Carolina, 1933

Central Ice Cream Candy Co. v. Home Ins. Co.

Supreme Court of South Carolina · Decided November 27, 1933 · Blease, Messrs, Stabler, Carter, Bonham, Cothran

171 S.E. 797; 171 S.C. 162; 1933 S.C. LEXIS 64 (South Eastern Reporter)

Counsel

Messrs. Benet, Shand McGowan and W.C. Boyd, Jr. , for appellant, cite: As to reformation of contract: 115 S.C. 452 ; 161 S.C. 249 ; 168 S.C. 150 ; 35 F.2d 571 ; 71 A.L.R., 128; 76 A.L.R., 1209; 6 A.L.R., 367; 35 F.2d 675 ; 32 C.J., 1142; 154 S.W. 32. Messrs. J.A. Hutto and J. Hughes Cooper , for respondent, cite: As to mutual mistake in contract: 115 S.C. 452 ; 161 S.C. 249 ; 168 S.C. 150 ; 86 S.C. 691 ; 67 S.C. 400 ; 74 S.C. 246 ; 166 S.E., 887 ; 98 U.S. 79 . Fire insurance contracts: 23 R.C.L., 351; 32 C.J., 1142.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Jutice Blease.

This is a cause in equity. The appellant raises no question as to any legal proposition depended upon by the trial Judge in his decree. The only question raised is that the evidence did not support the conclusion reached.

The burden is on the appellant to show that there was an error below in the findings of fact. Our examination of the record does not convince us that there was such error.

The decree of the county Judge, which will be reported, is affirmed.

Messrs. Justices Stabler, Carter and Bonham, and Mr. Acting Associate Justice W. C. Cothran concur.

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