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46 S.C.L. 547

Mordecai v. Jacobi

Court of Appeals of South Carolina

Decided January 15, 1860

Court of Appeals of South Carolina · decided 1860-01-15

BEFORE MUNRO, J., AT CHARLESTON, JANUARY TERM, 1859. The report of his Honor, the presiding Judge, is as follows: “This was a summary process to recover forty-seven dollars and fifty cents, being two and a-half per cent, commissions on one thousand nine hundred dollars, the proceeds of the sale of' three slaves, viz.: Horace, his wife Matilda, and their son Horace. “It appeared from the testimony, that sometime in the month of November or December, 1858, the defendant placed…

Decided 1860-01-15

Cueia, per O’Neall, C. J.

¶1When the A ct of the Legislature, directing that in cases under fifty dollars, half fees should be charged, was first brought to the notice of a venerable judge, he said that he had always thought “ the laborer was worthy of his hire, but the Legislature had taught him, he was only worthy of half hire.”

¶2In the case before us he might have expressed his wonder that he who does nothing yet claimed full compensation.

¶3In this case, the plaintiff did not sell ánd therefore did not earn commissions. The usage undertaken to be proved was not such an one as would entitle it to stand as law. It was merely that which some brokers thought right and pursued.

¶4If the plaintiff was put to any trouble or expense about the slaves sent every few days to his office, he can, on making a proper case, possibly recover for that.

¶5The motion is dismissed.

Johnston and Wardlaw, JJ., concurred.

¶6Motion dismissed.

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