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8 S.C.L. 472

Dubois v. Read

Supreme Court of South Carolina

Decided May 15, 1817

Supreme Court of South Carolina · decided 1817-05-15

This was an action of assumpsit, tried before * Mr. Justice Colcoch, in May Term, 1814. The plaintiff claimed of defendant $1025.50, for building a dwelling house, a small summer house, and a fence. Hamsay, the witness, who 7 d had worked on the house, proved that it was 22 feet by 28, two stories high. That it was worth $1000, and that the charge of $23 for the small house was very reasonable.

Decided 1817-05-15

Colcock, J.

¶1delivered the opinion of the Court.

¶2These are not sufficient grounds on which to set aside the verdict, for it was clear that alterations had been made by defendant after he began to build, and there was proof that the house was worth $1000. The defendant himself, by producing the original estimate, proved that the timber was to be furnished by the plaintiff,'and if it had not been done, could have shown that he had furnished some of the materials, and to what amount. It appears that the Jury gave the plaintiff his demand, deducting the discount of the defendant as far as it was proven or admitted, and I think have done justice to the parties. I am against the motion.

The other J udges concurred,

¶3*474L

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