23 S.C.L. 248
Court of Appeals of South Carolina
Decided February 15, 1838
Court of Appeals of South Carolina · decided 1838-02-15
<p>A sale by a factor contrary to the orders of his principal, may be after-wards affirmed by the receipt of the proceeds by the latter; bnt it would not be an affirmance, if at the time of the receipt, it was understood by both parties, that the right of action against the factor was to be left subsisting.</p>
Decided 1838-02-15
¶1This Court concurs in the legal view taken by the Judge-, below, of this case.
¶2The verdict of the jury on the narrow question of fact submitted to them, may be right, it has but little evidence to sustain it; but that little was for them to weigh; if it satisfied them, this Court, although it might have come to a different conclusion, must suffer the verdict to stand.
¶3The motion is dismissed.