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6 S.C.L. 236

Thompson v. Lindsay

Supreme Court of South Carolina

Decided November 15, 1812

Supreme Court of South Carolina · decided 1812-11-15

Columbia, November Term, 1812. Case from Pendleton Dist. Nov. 1812. Motion to reverse a decree on Sum. Pro. on a note of hand given for a hogshead of tobacco; weight, 1200 lbs. at S3 per cwt. say, S36. On this note there was a memorandum, that the defendant should take it at his own risque. The defendant, after the tobacco was delivered, sent it to Charleston, where it turned out good for nothing.

Decided 1812-11-15

Bay, J.

¶1It is a well established rule of law, that a sound price requires a sound commodity. But if a man with his eyes open, and well aware of this rule of law, will go and make a bargain, and buy an article at all risques, he has himself to blame, and must take the consequences. I am against opening the decree.

Justices Brevard, Grimke, Nott, and Col- . cock, concurred.
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