Muns v. Kennedy

Decided June 26, 1918

Supreme Court of South Carolina · decided 1918-06-26

Before Sease, j., Barnwell, Fall term, 1917. Action by Harmon Muns against Q. A. Kennedy. From a judgment for plaintiff, defendant appeals. cite: As to rescission of contract: 37 S. C. 7; 86 S. C. 170. cites: As to rescission of contract: 46 S. C. 75. As to findings of fact by Circuit Judge not being reviewable: 55 S. C. —.

Affirmed · Decided 1918-06-26

¶1 The opinion of the Court was delivered by

Mr. Justice Watts.

¶2 This is an appeal from a judgment of the Circuit Court, reversing a judgment of magistrate’s Court, and rendering judgment absoluté for the plaintiff.

¶3 The exceptions, three in number, challenge the correctness of Circuit Judge Seáse’s rulings, and present the question: Did the defendant rescind the alleged contract, as entered into between the plaintiff and defendant, and is there any evidence to sustain the Judge’s ruling that there was a descision of the contract, and did he abuse the discretion invested in him by the ruling he made? There was ample testimony in the case to sustain the Judge’s finding, and such finding is not subject to review by this Court.

¶4 Judgment affirmed.