CARROLL BYERS CO. v. MANUFACTURING CO

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Docket Number

12588

Attorney(S)

Messrs. Butler Hall, for appellant, cite: Consent to sale by mortgagee waives lien and cannot follow the property into hands of a purchaser: 45 S.C. 512; 38 S.C. 507; 111 S.C. 507. Where one of two innocent persons must suffer loss, it should fall on him by whose conduct the loss was occasioned: 95 S.C. 328; 138 S.C. 354; Pom. Eq. Jur. 2d, Sec. 803. Messrs. Fort Jefferies, for respondent, cite: Mortgagee has right to accept part payment, or to indulge mortgagors, after condition broken without waiver of any rights under mortgage: Sec. 5631, Code. "Custom": 50 S.E., 850; 138 N.E., 456.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

12588

Attorney(S)

Messrs. Butler Hall, for appellant, cite: Consent to sale by mortgagee waives lien and cannot follow the property into hands of a purchaser: 45 S.C. 512; 38 S.C. 507; 111 S.C. 507. Where one of two innocent persons must suffer loss, it should fall on him by whose conduct the loss was occasioned: 95 S.C. 328; 138 S.C. 354; Pom. Eq. Jur. 2d, Sec. 803. Messrs. Fort Jefferies, for respondent, cite: Mortgagee has right to accept part payment, or to indulge mortgagors, after condition broken without waiver of any rights under mortgage: Sec. 5631, Code. "Custom": 50 S.E., 850; 138 N.E., 456.

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Smart Summary

CARROLL BYERS CO. v. GAFFNEY MANUFACTURING CO.

February 12, 1929. The opinion of the Court was delivered by

MR. JUSTICE COTHRAN.

This Court is entirely satisfied with the reasoning and conclusions of the Circuit Judge, and the decree is affirmed.

MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICE BLEASE, STABLER and CARTER concur.

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