Boulware v. M'Comb

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

This was a summary process, in which the plaintiff set out a mutual agreement between himself and the defendant, and described it as being “ subscribed with their own proper hands.” The agreement produced in evidence was signed on the part of “ Reuben P. Bouíware, per Moses Boulware,” and the proof was that it was signed by Moses Boulware, the agent of the defendant.

Decided 1824-11-15

¶1The opinion of the Court was delivered by

Mr. Justice Johnson.

¶2The principle on which this question depends, is founded on the maxirn qui facit per odium, facit per se. The act of the agent is in law the act of the principal, and although it might have been more strictly clerical to set out the manner, yet the legal effect of an act is all that is indispensably necessary. The allegation that the defendant subscribed with his own proper hand was therefore well, (a)The motion dismissed.

Cdlcock, Richardson, Huger, and Gantt, Justices, concurred.

¶3See Heimsley vs. Loder, 2. Camp. 450; Jones et. al. vs. Mars et al. ib. 305; levy vs. Wilson, 5 Esp. Rep. 180; Pease vs. Morgan, 7 John, Rep. 468.