Holliday v. Pegram

• Decision Date: 23 May 1911
• Citation: 71 S.E. 367,89 S.C. 73
• Parties: HOLLIDAY v. PEGRAM et al.
• Court: South Carolina Supreme Court

71 S.E. 367

89 S.C. 73

HOLLIDAY v. PEGRAM et al.

Supreme Court of South Carolina

May 23, 1911

Appeal from Common Pleas Circuit Court of Florence County; Thos. S Sease, Judge.

"To be officially reported."

Action by J. W. Holliday against G. H. Pegram and another, partners as G. H. Pegram & Co. Judgment for plaintiff, and defendants appeal. Reversed, and new trial ordered.

The following letters were introduced in evidence, without objection:

"Exhibit A: Kinston, N. C., February 3, 1910. Mr. Jos. W. Holliday Savage, S. C.-- Dear Sir: I have discussed your proposition with Mr. Payne, and he prefers, as I do, to rent the W. H for the coming season, with option to buy, October 1, 1910. We will give you $850 rent, if we don't buy, but if we buy the W. H., will pay $1,000 October 1, 1910, and eight per cent. interest on $6,000 from date of contract and $1,000, with interest at 8%, each October 1st thereafter, until the $6,000 is paid. Please write me as soon as convenient, on account of the other proposition I have under consideration. Yours truly, G. H. Pegram."

"Exhibit B: Savage, S. C., March 10, 1910. Mr. G. H. Pegram, Kinston, N. C.--Dear Sir: Referring further to renting you my warehouse in Florence, S. C., for the coming tobacco season, will say, that if you still care for it, I will rent it to you for eight hundred and fifty dollars, payable on the first day of September, 1910, provided you accept same promptly. You being the first to see about it, and others are after me for it. If you want it, we can arrange the rent agreement, when you come down to look after the work. I am, Yours truly, [Signed] Jos. W. Holliday."

"Exhibit C: Kinston, N. C., March 20, 1910. Mr. Jos. W. Holliday, Savage, S. C.--Dear Sir: We will take your warehouse at Florence, S. C., $850.00 rent, for the coming season 1910. You can send me copy contract, will arrange rent agreement, when come down. Yours truly, [Signed] G. H. Pegram."

"Exhibit D: Savage, S. C., 3--23--1910. Mr. G. H. Pegram, Kinston, N. C.--Dear Sir: I beg to acknowledge yours of March the 20th, 1910, in answer to mine to you, of the 10th of March, and as per same, consider it a bargain or trade of rent, for my warehouse in Florence, S. C., for the coming season. We can arrange the agreement when you come down to begin work, out in the country. Yours truly, [Signed] Jos. W. Holliday."

"Exhibit E: Florence, S. C., June 7, 1910. Mr. J. W. Holliday, Savage S. C.--Dear Sir: If you can make it convenient, to come over to Florence this week, I am ready to make contract for your warehouse. If you can't come this week, please state time when you can come, so I won't be out of the city. Yours truly, [Signed] G. H. Pegram."

"Exhibit F: Savage, S. C., 6--9--10. Mr. G. H. Pegram, Florence, S. C.--Dear Sir: I am just in receipt of yours of the 7th. It will be so that I can't get up to Florence this week. If you are going to do any work, out through the country, in working this section, call by and we can fix up our contract. If you are not coming down this way, I will try and go to Florence, one day before long. Trusting, though, that you will come down, through this section, I am, Yours truly, [Signed] Jos. W. Holliday."

The following letters and proposed contract were offered by the defendants, but his honor, the presiding judge, refused to allow them to be introduced in evidence.

"Florence, S. C., July 20, 1910. Mr. J. W. Holliday, Savage, S. C.--Dear Sir: Mr. G. H. Pegram is not quite satisfied with the contract, for lease of the Dixie warehouse, which you sent him. He would like to have the following changes made in the contract: 1st. The lease should be for the term of one year from the 20th day of March, 1910, to the 20th day of March, 1911. *** 2nd. An agreement on your part, to keep the roof in good repair, so far as is practicable, will be satisfactory to Mr. Pegram; or an agreement giving him the authority, to put the roof in good repair, and to make such repairs, as he may think necessary, at your expense, will be equally satisfactory. *** 3rd. In making an agreement for an option to renew the lease, the contract should state, that in case of renewal, the new contract should be upon the same terms and conditions, which govern this contract. *** Please advise us at your earliest convenience, in regard to this matter, and if our suggestions are acceptable to you, we will draw a contract accordingly, and will have it signed by Mr. Pegram, and forwarded to you for your signature. Yours very truly, [Signed] R. E. Whiting."

"Savage, S.C. 7--21--10. Messrs. G. H. Pegram & Co., Florence, S. C.--Gentlemen: I am in receipt of yours of the 18th, and am very much surprised and very sorry, to hear the roof is as you write. I did not make any bargain or offer with Mr. Lundy to do the work. He mentioned it to me, in the warehouse, and I asked him to look at, and examine it, and see what he would do it for, and write me, as I stated in Mr. Ragsdale's office, where, in talking over it, I left it to you, to have done, and I was to pay you for it. As yet, I have no help, and it is very bad for me, to get away from here, and as per our understanding, it seems you could have the leaks stopped, just as well as I could. And if the shingles are as you state, there is a roof paint that will stop leaks; even if it is put on a wire gauze it won't leak; so, see if it is kept by any of the stores there, and use that on the leak to stop them, in place of taking off the shingles. I will pay for it and the putting on. Trusting the paint will stop the leaks, and you can get it and will have it attended to at once, and from time to time as needs be. I would suggest that you mark the leaks, and then get some one that understands putting on paint (a regular painter) to do it. Look into this, and let me hear from you about it. Hoping it will do all right, I am, Yours truly, [Signed] Joseph W. Holliday."

"Savage, S. C., 8--29--10. Messrs. G. H. Pegram & Co., Florence, S. C.--Gentlemen: Your rent to me of eight hundred and fifty dollars, for the warehouse will be due on the first day of September, 1910; please send me your check for same on that date, less what you have paid out, on repairing building, and for the amounts; send me receipted, itemized bills from the parties, who did the work for you, and from whom you got the material. Trusting you will be prompt in this, I am, Yours truly, [Signed] Jos. W. Holliday."

"Savage, S. C., July 14, 1910. Mr. J. W. Ragsdale, Florence, S. C.--Dear Sir: As per mutual understanding between Mr. Pegram, Mr. Whiting and myself, I enclose an agreement for rent of warehouse property, for 1910, which covers all points, as per our discussion in your office. I have signed same, in the presence of a witness, and you can have Mr. Pegram to sign them, keeping one and returning one to me. I am, Yours truly, [Signed] Jos. W. Holliday."

"State of South Carolina, County of Florence.

"This agreement, made about the 20th day of March, 1910 between Jos. W. Holliday, lessor, and G. H. Pegram and C. W. Payne, constituting the firm of G. H. Pegram & Co., lessees. The said Jos. W. Holliday, does hereby rent to the said G. H. Pegram & Co., his lot from the first day of January, 1910, to the 31st day of December, 1910, for eight hundred and fifty dollars, payable on the first day of September, 1910. *** The said G. H. Pegram & Co. have rented from the said J. W. Holliday, his lot known as the Dixie Tobacco Warehouse lot, for which the said G. H. Pegram & Co. are to pay to the said Jos. W. Holliday, eight hundred and fifty dollars, on the first day of September, 1910 *** And it is understood by and between the said parties, that, as there are some leaks in the roof of the warehouse, which the said G. H. Pegram & Co. agree to have patched, from time to time, by putting on a good shingle or shingles, in the place of the defective one or ones, or shingles that may be off of said roof, to stop said leaks, which they are to keep an itemized account of the cost of said work, rendering same to the said Holliday, which he is to pay them for. And the said Jos. W. Holliday further agrees, that if he does not dispose of the said property, by the first day of February, 1911, he will give the said G. H. Pegram & Co. the preference of renting said property again, for 1911, provided they want it, and will notify me, so I will get said notice by the 10th day of February, 1911, and we enter, at once, into an agreement which is mutually satisfactory to both parties. Witness our hands and seals this the 14th day of July, 1910.

"[Signed] J. W. Holliday. [L. S.]

"Signed, sealed, and delivered in the presence of R. S. Altman, witness as to J. W. Holliday's signature."

At the close of the testimony his honor, the circuit judge, directed a verdict in favor of the plaintiff for $850, with interest from the 1st of September, 1910, and the defendants appealed.

J. W Ragsdale, for appellants. Willcox &...