Public-domain · open source
OpenJurist

115 S.C. 374

105 S.E 737

Hughes v. Blakeley

Supreme Court of South Carolina

Decided January 31, 1921

Supreme Court of South Carolina · decided 1921-01-31

Before Sease, J., Laurens, April term, 1920. Action by Columbus Hughes against H. L,. Blakeley. This is an action on a share cropper’s contract, whereby plaintiff agreed to perform labor on defendant’s farm for a specified period in consideration for a- share of crops grown on such farm and gathered by plaintiff. Plaintiff alleged that' defendant breached the. contract and prayed for an accounting.

Relies on Haygood v. Boney

Reversed · Decided 1921-01-31

¶1 The opinion of the Court was delivered by

Mr. Chief Justice Gary.

¶2 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.”

¶3 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.

¶4 Reversed.

Mr. Justice Gage did not participate.
/115/sc/374 · .json · Public domain