Livingston v. Reid-Hart-Parr Co.
Decision Date | 10 October 1921 |
Docket Number | 10725. |
Parties | LIVINGSTON v. REID-HART-PARR CO. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Richland County; Edward McIver, Judge.
Action by T. M. Livingston against the Reid-Hart-Parr Company. Judgment for defendant, and plaintiff appeals. Affirmed.
The exceptions were as follows:
(1) That his Honor erred in excluding the testimony of the witness G. W. Langford, offered for the purpose of showing that, as supervisor of Saluda county, he had purchased one or more of the New Hart-Parr tractors in 1917, and that they were unsuitable for and incapable of doing the work of pulling plows and road machinery, and that the county had made numerous complaints to the defendant prior to the sale of the tractor to the plaintiff, because the said testimony was relevant and competent for the purpose of showing knowledge on the part of the defendant, at the time of making the sale to plaintiff, that the tractors were not suitable for, or capable of doing, the work represented by defendant, and for which it was purchased by the plaintiff.
(2) That his honor erred in excluding the testimony of the witness Thomas Taylor, offered for the purpose of showing that he purchased a Hart-Parr tractor from the defendant in 1916, for use on his farm, to pull plows and farm machinery, and that it was not suitable for, or adapted to such purposes, and was impracticable for such uses and purposes, and that he had made repeated complaints to the defendant prior to July, 1918, in regard thereto, because the said testimony was competent for the purpose of showing knowledge on the part of the defendant at the time it made the sale to plaintiff that the machine was not suitable for capable of, or adapted to the purposes represented by the defendant, and for which plaintiff made the purchase.
(3) That his honor erred in excluding the testimony of the witness R. O. Dunning, a mechanical engineer, offered for the purpose of showing that the Hart-Parr tractor was so constructed as to be impracticable, incapable of, and not adapted to the purposes of a farm tractor, because the said evidence was competent and relevant to show that said machine was not suitable for, or adapted to, the purposes for which it was bought by the plaintiff, and for which defendant represented it to be suitable and adaptable, and that the defendant knew this at the time of the selling it to the plaintiff.
(4) That his honor erred in charging the jury: --because:
(a) There was no evidence that plaintiff knew that the machinery was unsound or unfit for the purposes for which it was sold to him, and for which he bought it.
(b) Defendant in its testimony claimed the tractor was new, sound, and first-class.
(c) The plaintiff, having paid full price for a new and sound machine, was entitled to such a machine.
(5) That his honor erred in charging the jury: --because the said warranty only purported to be a warranty by and in behalf of the manufacturer. It did not affect or relate to the dealer, which is the defendant in this case, and it in no wise excluded or prevented a warranty from the defendant, as is alleged and claimed by the plaintiff in this case.
(6) That his honor erred in charging the jury, at the request of the defendant:
And in further charging the jury, at the request of the plaintiff:
--because:
(a) The charge is calculated to confuse the issues before the jury and the correct ruling of law.
(b) Statements by a seller of machinery and dealer in machinery, as to its condition, quality, capacity, or adaptability, are in their nature warranties.
(7) That his honor erred in charging the jury: --because: It is a charge on the facts.
(8) That his honor erred in charging the jury: --because:
(a) The provision as to retaining possession for more than six days only applies to the warranty by the manufacturer, and has no application to the warranty or agreement between the dealer or seller and the plaintiff.
(9) That his honor erred in refusing to give the plaintiff's fifth request, to wit: --because the same contains a correct proposition of law applicable to this case.
(10) That his honor erred in refusing the plaintiff's motion for a new trial, because:
(a) His honor had erred in excluding the testimony of the witnesses Langford, Dunning, and Thomas Taylor, tending to prove fraud and guilty knowledge on the part of the defendant at the time of making the contract of sale and representations to the plaintiff.
(b) The evidence showed conclusively that, while plaintiff paid full price for a new machine, he did not receive a new machine, and there was no evidence upon which to base a verdict to the contrary.
(c) The evidence showed that the machine sold to the plaintiff had worn and defective parts, and that defendant's contract of guaranty was breached.
(d) There was not sufficient evidence to support the verdict for the defendant.
The reason of the court for excluding testimony of the witness Langford, complained of in exception No. 1, was that it would open a limitless inquiry as to a number of sales made to other people, and that inquiry must be confined to the...
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