Reports of Cases Heard and Determined by the Supreme Court of South Carolina Volume 64 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...admits that the note therein referred to was presented to him for payment, and refusal of the same, but denies that the said note has matured or become due and payable. 4. That the sum agreed to be paid by the note mentioned in the complaint was the amount agreed to be paid by the Demurrer. 64 S. defendant to R. E. Burriss for the interest owned at the time of the execution of the said note by the said R. E. Burriss in the business and assets of the firm of the said Berry & Burriss, and that the said note was based on the agreement to buy said interest, was conditioned on the accuracy and truthfulness of the statement of the condition of the said business rendered to the defendant by the said Berry 8: Burriss. 5. That the statement referred to has been since found to be in many respects erroneous and faulty, and totally untrustworthy as a statement of the condition of the business. 6. That the defendant in purchasing the said interest of R. E. Burriss assumed all debts of the firm of Berry & Burriss, as represented by the alleged statement above referred to, and that in consequence thereof and of the errors and mistakes in said statement contained, he has paid out of his own funds numerous and large debts of the firm outstanding when said statement was presented to him, of which he was not informed by said statement, nor in any other way, at the time said note was executed, to an aggregate amount much greater than the sum promised to be paid by the note aforesaid. 7. That the defendant has expressed a desire and offered to account to the plaintiffs in order to establish that he has paid out of his own funds sums largely in excess of the amount agreed to be paid by said note, but that the plaintiffs...