The Horry herald. (Conway, S.C.) 1886-1923, May 03, 1923, Page Page No. 8, Image 8
Page No. 8
COURT WRITES
FULL OPINION
Share Cropping Case Between
G. W. Page and Hardwick
WILL HAVE NEW TRIAL
Case is of Interest to Many
Farmers and Tenants
r * ? * i i
ine tieraia nere gives tue opinion
of the Supreme JjBourt in full in the
case of J. F. Haldwick .against Gaston
VV. Page.
The opinion written by Hon. C. H.
Marion, associate justice, follows:
OPINION:
Marion, A. J.
Plaintiff's action, commenced September
18, 1017, was predicated upon
allegations in his complaint to the following
effect:
(1) That during the current year,
1S17, he had worked a farm for the
defendant under a laborer's sharecropper
agreement to plant and harvest
a crop; (2) that he had planted
certain crops and harvested a part
thereof, out of the proceeds of which
he had paid all of his indebtedness to
the defendant, and that he had been
"willing ,'ind ready to harvest the remainder,
consisting of 4 acres of corn
and one-half acre of potatoes; (3)
that on September 10, without his
knowledge the defendant had entered
and gathered the 4 acres of corn before
it was fully matured and had
stored it in his barns; (4) that "his
(plaintiff's) one-half" of the corn
gathered by the defendant amounted
to fifty bushels, of the value of $125.00,
"all of which is justly due and
owing this plaintiff by the defendant
by reason of hi.; said labor." Thereupon
a judgment was prayed for
SI 25.00. The defendant answered;
denying generally "every material allegation"
of the complaint. Upon
From judgment on "verdict for the full
these pleadings, the case was tried,
amount claimed, $125.00, the defen-1
dant appeals.
The action was commenced in the
month of September, about eight
days after the defendant, the landowner
or master, had gathered the
corn. If the complaint, which alleged
no demand on the part of the plaintiff
for a division of the crop so harvested
and no refusal of the defendant
to account for plaintiff's share, j
stated any cause of action at all, the |
requisite allegation of a breach of
legal duty must be referred to the
very broad statement of the conclusion,
that the sum of $125.00 "was
due and owing" the plaintiff for labor.
The issue raised by defendant's
jrenefral denial, therefore, was whether
when the action was brought the
defendant owed the plaintiff for labor
a sum then due, measured by the
value of one-half of the corn, amounting
to $125.00.
The evidence disclosed no material
difference between the parties as to
the terms and conditions of the verbal
contract of hiring, except with respect
to the period of service. The
pliantifl* testified: "I agreed with him
to farm two acres of tobacco and
four acres of corn and one acre of
potatoes, and while I was not workins*
that crop 1 was to help him in his
crop for GO cents a day for eight
months." The defendant's testimony
\vas to the effect that the contract of
hiring* was for the entire year, the
plaintiff, to furnish all labor for his
own crop, to work for the defendant
Qt the stipulated wage of 60 cents per
day when not engaged in his own
crop and when needed by defendant
throughout the year, and to rcceive
additional wages or compensation onehalf
of the crops raised by him. The
evidence adduced on behalf of the defendant
tended to establish that he
had complied with all conditions of
his agreement; that the plaintiff had
breached the contract of hiring in
that about the first of August, after
he had gathered his tobacco and had
received his one-half, from which he
"cleared" about $150.00 he had "quit"
refusing to work for defendant when
badly needed for gathering his cotton
crop, going off the place to work for
others and leaving his corn to be destroyed
by the hogs and cows in the
field; that the plaintiff had not furnished
all the labor for making and
harvesting his own crop as agreed;
that defendant had sent word to the
plaintiff to gather tlje corn and upon
his failure to do so, defendant had
been forced to gather it for his own
protection; and that as a result of
the plaintiff's Quitting defendant had
t\ no rf aT Uics a^im />vat\
'V/. > I cv \J VJ I 1110 urui ui vp, c tV/>
The foregoing reference to certain
of the evidentiary facts is deemed
sufficient to disclose defendants
theory of the case and the groundsin
fact upon which he denied lega
liability to the plaintiff, on Septembei
18th, of the crop year, for the value
of one-half of the corn claimed a>
compensation for labor under the
share-cropper contract. His !eg.a
position, based upon the contention o
fact indicated, and embodied in certaii
requests to charge, was that the rela
tion between plaintiff and defendan
under the share-cropper contract wa.(
that of master and servant (Hufl
78. Watkins, 15 S. C., 82; S. C. 18
S. C. 611; Kennedy vs. Reames, If
S. C., 551; Carpenter vs. Strickland
20 S. C., 1; Richey & Miller vs. I)uPree,
20 S. C., 6); that the defendanl
was the owner and entitled to pos
session of the share crop until ?* division
was r.^ade (Loveless vs Gil
liam, 70, S. C., 391; Newton vs. Ben
et, 311 S. C., 1); that the contract oi
hiring was for the entire ye.ir aiu
that a breach thereof by plaintiff barred
a recovery upon quantum meruit
(Byrd vs. Boyd, 4 McCord, 246; Shub
v
vs. JelTerson Hotel Co., 98 S. C., 226); i
man vs. Heldman, 63 S. C., 489! Daley ]
and that because of the planitifT's ]
breach of the contract in quitting: the
defendant's service and in failing and i
refusing to furnish his labor when |
needed on defendant's own farm, the
plaintiff was not entitled to recover, t
The defendant's legal position was es- j
sentially sound and as theve was evi- t
dence to support his contentions of c
fact, he was clearly entitled to have l
lli<2 fltonrv ftin cnlin^i'fforl f n
4(11,1 vii v vi j v 1 viiV V CI k' V> O II 4 V VV*VI W
the jury under appropriate instructions
by the trial court.
This brings us to the point upon
which the appeal turns. Appellant
contends (exceptions 3, 4, 5 and G)
that not only did the Circuit Judge
fail to charge the law applicable to
the defendant's theory of the facts,
but he expressly excluded that theory
in erroneously instructing the jury as
follows (the portions of the charge
excepted to, with the context, being
here set forth consecutively):
"Now, here is the important part:
That on or about the 10th of September
defendant without the knowledge,
consent or agreement of the plaintiff,
entered upon the said four acres of
corn, and before it was matured, gathered
the said corn crop, and as plaintiff
is informed and believes, hauled
the same in his bam and is now holding
the same; that plaintiff is informed
and believes that the said one-half
of said corn crop amounted to 50
bushels of the value of $125.00; all
of which is justly due him. If the
greater weignt ol trie evidence makes
out that thing, then the plaintiff
Hardwick, is entitled to recover the
sum of money which you gentlemen
will fix, According to how you consider
that the evidence established the
value of the corn that had been taken
from him. Now, the defendant comes
in and claims a number of legal points
which I will read to you as he presented
them to the Court, and will
then call your attention to the vita'.
issue already indicated. These /ire the t
requests to charge of the.defendant; \
(The requests of defendant were here *
read by the Court to the jury.) * * * y
"Now, those are the 'egal points 1
which counsel for the defendant has *
written out and has requested me to ?
charge to you. The plain and simple
question is this: Did this plaintiff i
here, who is suing for $125.00, the
value of the corn, did he agree to
work at that crop and to harvest that
crop? Did he agree to do that, and
did he fail to carry out this agreement,
going of!' and working some|where
else and abandoning this corn?
If be did, that, of course, you would
not expect to give him a verdict; you
couldn't give it to hi.n under the
rules of common sense. But, if, as he
claims, here, this man deliberately
went to work before the crop was
ready to be harvested, and pulled
down the corn and took it himself, not I
giving the plaintiff the opportunity to !
come in and gather the crop at the i
proper time, as he claims while engag
ing in other work elsewhere, then lie
would be entitled to get his money for
that corn, and you would find a verdict
for the plaintiff for whatever
money you find that corn was worth.
Of course, the owner of the land (
would not have a right after a man I
has worked all the year on the crop
and was waiting for that crop to be
ready to be hauled out and stored
away, for the owner to come in and
pull down the corn and take it all,
from him. That wouldn't do. Whereas,
on the other hand, it would not do
to have the man abandon a crop because
he found he could make more
|money in some other sort of work or
| working for somebody else than to
'stay there and gather the crop. That
is plain common sense, and that Ts
about all that is involved in this case.
If you should find that this man walked
o!f and left this stuff, finding he
could get more money, having realised
money out of the other crop on
die land, if he did that he is not entitled
to any consideration in the way
of getting a verdict, but if he in good
faith went on and worked on this crop
and when the crop was almost ready
to gather found employment elsewhere,
which was better paid for in
that interval while the corn was manuring
for gathering he did that work,
that does not take away his right to
'come back there and gather that corn j
and get his share; and it does not
give the right to the owner of the j
land to go in and gather that corn I
jand not allow the plaintiff any share
IF SICK, TC
i '
5
I
; "Dodson's Liver Tone" Stra
Salivating, Dangerous C<
' You?Don't Lose a Day'
1
I I discovered a vegetable coin pound
? that does tho work of dangerous,
p sickening calomel and I want every
Tcader of this paper to buy a bottle
I for a few cents and if it doesn't
} straighten you up better and quicker
? than salivating calomel just go back
to the store and get your money back.
I guarantee that one spoonful of
Dodson's Liver Tone will put your
sluggish liver to work and clean your
thirty feet of bowels of the sour bilo
and constipation poison which is
' clogging your system and making you
1 feel miserable.
I guarantee that one spoonful of this
t harmless liquid liver medicine will
relieve the headache, biliousness, coated
%
THE HOREY HEBALD, PC
n that crop. If that be the fact, the '
plaintiff would be entitled to onelalf
interest In that corn."
That the foregoing instructions iglored
the defendant's theory of the
Facts and of the law and expressly
ntthorized a recovery by plaintiff if ]
;he jury should find that he had car- <
ied out his agreement "to work at \
hat (his own) crop and harvest that [
:rop," regardless of whether he had j
woken his contract by quitting and
efusing to work in the defendant's
?rop when needed, or if the defendant
fathered the corn and took it into his 1
possession before it was ready with- 1
nit giving the plaintiff, an opp.ortun- t
ty to gather it, regardless of whether <
;here had been any division or de- t
nand for division and regardless of 1
whether the plaintiff had quit the de- 1
fendant's service, would seem too I
)bvious to require discussion. Whether <
he mere reading of defendant's re- <
quests, preceded and followed by the
jomment above set forth, may be regarded
as approval or giving the re- i
luests or not, the clear and definite <
subsequent instructions to the effect \
hat defendant's liability turned upon
?acts other than those which defen- ^
lant's evidence tended to establish
ind which he relied on as a complete ^
lefense, were in any view misleading
md prejudicial. The exceptions diected
to the assignment of error in t
he judge's charge are sustained.
The appellant further assigns error
n the failure of the Circuit Judge to
lismiss and discharge an attachment c
vhich the plaintiff seems to have 1
aken out on the corn. When defen- t
lant moved to dismiss the attachment,
he Circuit Judge suggested that the
:ase be tried upon the pleadings and j
hat the question of the attachment be
aken up afterwards. The motion ,
loes not appear to have been renewed
and no ruling: was made by the Cir- ^
uit Judge. The question is, thereore,
no1 properly before us. As the
ase must go hark for a new trial, it
nay not he improper to say, however,
hat if. as annellant contends, the corn
vas attached by the sheriff on Senember
19tb. under .a warrant which ^
vas not actually executed and issued
>y the Clerk of the Court until Octo- (
>er 31st, thereafter, the attachment
nade on September 10th, was palpiblv
void.
The judgment of the Circuit Court
s reversed and a new trial granted.
We concur:
REVERSED. '
EUGENE D. GARY, C. J ,
R. C. W A TTS. A. J.
T. R. ERASER, A. J. ,
T. P. COTHRAN. A. J.
RANKS DWINDLE AS
ENCAMPMENT NEARS
De? Moines?The staunch blue line
of Civil War veterans, survivors of
the historic internecine conflict of
more than sixty years ago, is rapidly
being decimated from year to year, according
to figures on file at the headquarters
o ft.he Grand Army of the
Republic here.
In 1022 the number of G. A. R. veterans
dwindled by 14.512, a decrease
from an enrollment of 71,106 at the
beginning of 1023, according to figures
in the Hands of National Commander
H. W. Willett here. During
that time the number of active posts
in the country decreased from 4,218
to 3,059, indicating the abandonment
of 559 posts.
One by one the white haired veterans
of Shiloh, Lookout Mountain, Gettysburg
and Chickamauga are answerering
the call of taps which sounded
for so many of their comrades on the
field of battle from '61 to '65.
Preparations are being made here
^"or the national encampment of the
a. u., wnicn is to be held in Milwaukee
this fall. Attendance estimates
have been set at 20,000 as a
possible maximum figure. Members
of auxiliary organisations including
the Sons and Daughters of Veterans,
may bring the total attendance up to
50,000, the officials say.
Great cave is being taken this >ear
in the identification and housing of
the veterans. Forms will be Filed out
at e;?ch pos? showing the name post
and organization an! on this blank
will be filed the housing information,
thus avoiding confusion in registration
and elimination of the red tape
j that heretofore is said to have been
confusing to the old soldiers.
o
Conway wants to outdistance Mar-1
ion. , i
lightens You Up Better Than
alomel and Doesn't Upset
s work?Kead Guarantee
tongue, ague, malaria, sour stomach
or any other distress caused by a
torpid liver as quickly as a dose of
vile, nauseating calomel, besides it will
not make you wick or Keep you from
a day's work.
CalomM is poison?it's mercury?it
attacks the bones often causing rheumatism.
Calomel is dangerous. It
sickens?while my Dodson's Liver Tone
is safe, pleasant and harmless. Eat
anything afterwards, because it can
not salivate. Give it to tho children
because it doesn't upsot the stomach
or shock the liver. Take a spoonful
tonight and wake up feeling fine and
ready for a full day's work.
>NWAY, S. C, MAY 3, 1823
THREE SCHOOLS"
WILL COMPETE ;
??? s
Three of the five high schools, Pee
Dee Baptist Academy, Loris High J
School, and Green Sea High School, in '
rlorry County, compete in scholarship
ind atheletics May 5. Below is an out
ine of the program of the day:
Oratorical Contest
The oratorical contest will take
place at Loris, FHday night at eight i
o'clock. A medal will be awarded to j
;he High School boy who wins in the <
leclamation contest, and a medal to i
,he high school girl who has the best
recitation. Similar contests will be 1
leld for the primary and grammar i
grades. Each of the schools will have 1
one representative in the respective
oratorical contests.
Literary Contests
G?eon Sen High School (time 10 A. '
VI.) Composition contest between high
i 1 m _
$V*ioui pupns. i wo representatives ;
from each school.
Map drawing for 5th, 6th and 7tli
grades, inclusive.
Reading1 1st, 2nd and 3rd grades. ;
Dne boy and one girl from each grade. ,
Spelling for 4th, 5th, 6th and 7th
grades. One representative from each 1
jrade. i
Athletics
All contests to be held at Green Sea
>n Saturday, May 5. Each school will (
^ave two representatives in each con- ,
est. > i
No. 1. Broad jump, high school girls. (
No. 2. Pole vaulting, high school <
>oys. 1
No. 3. Pole vaulting, high school 1
^irls.
No. 4. 100 yard dash, high .school 1
)oys. }
No. 5. 100 yard dosh, high school i
gtrls. '
No. 6. Shot put. high school hoys.
No. 7. Shot nut, high school irirls. <
No. 8. Broad jump, high school hoys. 1
No. 0. 220 yard dash, high school :
joys.
V\ 10. 120 yard dinsh, high schools
^irls. 1
No. 11. High ntmp. school l.ovc ]
No. 1 Hicrh jump, high school girls j
No. 13. Pole vaulting, grammar i
grade boys. j
No. 14. Pole vaulting, grammar <
grade girls.
No. 15. 50 yard dash, grammar i
grade girls. <
No. 16. 100 yard dash, grammar ]
*rade bovs.
No. 17. Potato race.
No. 18. Sack race. i
No. 10. Three-legged race.
No. 20. Tutr o^ war.
No. 21. Teacher's race (50 yards
Will N
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Today, economical mam
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Firestone Dealer 1
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race.) 'I
Addresses will be made by the State
Superintendent of Education and the 1
State Supervisor of Agricultural in- ]
itruction, Prof. Verd Peterson.
Dinner wili be served on school
grounds. Everyone is expected, to
jrinfr. full baskets.
o
ANDERSON PEOPLE
HEIRS TO FORTUNE
Anderson, S. C.?Rivaling in some
respects certain of the episodes which
figured prominently fn happenings 1
subsequent to the announcement some
months ago of a vast fortune variously
est invited at $50,000,000, said to
have been left by one Thomas Brown- .
ing, Texas oil magnate, the announce- ;
went made here recently that many
Anderson people would receive portions
of a $3,000,000' trust fund held
in Washington^ for descendants of
Eli'as Sanders, has created something
of a sensation among those claiming
kinshfp with the deceased. Elias
Sanders, according to the statement of
those interested in the distribution of
the trust fund, was a member of the
Maryland tribe of Indians and' it is
through his connection with that tribe,
it is said, that the right of his descendants
to the legacy is established.
Sanders, according to J. A. McDufT.
FTartwell Ga., attorney, who is representing
certain claimants, was a rimaway
member of the Maryland tribe
Indians. He was brought to this
section (which accounts for his con- ;
sections in Anderson county and Hart
county Ga.,) That there is scarcely a
rruestion but that the trus* fund exists
a'as the statement of Mr. McDufT, v.Tho
with an attorney of Mineral Wells,
Tex., are interested in the distribution
of the funds. The Texas lawyer
las for the last several months been
investigating the trust fund and
claimants and recently furnished the
Hartwell lawyer with a complete list
[>f names, including more than one
liundred persons, many of whom reside
in this and Hart counties.
Mr. McDufT was in A^drvsnn yesteriay
and today during wtiich time numbers
of claimants appfied to him and
presented their claims. The attorney
stated the fund represents a pension
appropriation for the Indians of the
IDOve named tribe and will be allotted
Dither in cash or in land. In addition
to the long- list of names of people
in this and other counties, the name
if Ida May Wilson, of Greenville appears.
The Hartwell attorney stated that
with the completion of work in connection
with the presentation and perfecting
of claims, the distribution of
funds to those who successfully perfected
their claims probably would be
lot Increase Pric
[ Pneumatic Tru
Until May 1st
L 11 "
ueen so wen ltuck owner
} the greatest will find the an
tion and Mile- rapid, economic
Firestone True
lfacturing and tread that inci
the fullest re- and ^proves ti
ases of rubber, gum-dipped car
:rease brought Ut fhe /T(rei
le Rubber Re- K y
in maintaining r
There are 80(
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Service?the centers, fitted
thorough know!
rtas tne you choose the
loads and servi<
Df the past two price prof
r the industry ^
re, economical 1
s?the Heavy Additional ti
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ant Solid and ?UtpU/ w,1i Per
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the needs of ,ng your truck
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ire & Rubber Co., A
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UPPLY & REPAIR C
CONWAY, S. C.
? Traction -
started within two months time* He
indicated that unless many more '
claimants than have already applied, "
presented their claims, the major portion
of the fund probably would revert
to future generations, indicating
that the share of each of the claimants
would be small.
o
WAS UNUSUAL.
It took an election ordered by act
of the Legislature to decide the Location
of .a bridge that was proposed to
span the Waccamaw above Conway.
The rival places for the bridge were \
Star BlufT and Bellamy's Landing.
o
Second sheets and fine writing paper
at The* Herald office.
About Child-Birth
AN eminent physician has
shown to thousands of expect
ant mothers just how to be free
from dread, and from much of
the Buffering which many mothers
experience for months, right up to
the moment when the Little One arrives
t l
Mm. Wm. Wa&hington, 107 Louise *
Ave., Nashville,. Tcnn., says: "There *?.
is positively no woman on earth that
would be without 'Mother's Friend'
durinsr expectancy if she only knew
the valuo of comfort."
"Mother's Friend" Is extemnTly applied
to the region of the abdomen.
back, and hips. It relieves the tension
on nerves and Kiraments as month
follows month. Finally, it mukes
child-birth a joy instead of a painful
dread.
Use "Mother's Friend" as our
mothers and grandmothers did. Don't
wait, start today, and meanwhile
write to Brndfteld Regulator Co.,
UA-17, Atlanta. Ga., for a free wonl
innlf
|| ovory expectant mother 3hould hav?. 11
Get u bottle of "Mothcr'a Friend" |
to<5uy. It i? sold by all
V drujiifiEta?everywhere. M
ws jjUgj jod
Mr W& Br
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_ ^ r*:es
on I
ick Tires \
s, using pneumatic tires,
swer to every demand of
:al transportation in the
k Type Cords with the
reases carrying capacity
raction, and the powerful
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itone Service Dealerw
ir Trucks Moving
) Firestone Service Deali
the principal trucking
by natural ability and a
ledge of trucking, to help ,
right tire for your roads,
:e.
ection as Long as j jh
locks Last \
res will be supplied to
only so far as our present
mit. Consult the nearest
ce Dealer at once regardtire
needs. He is in an
position to give you an
specialized service?and
lay not be duplicated in
ikron, Ohio
I Truck Type Cords. If you
Station, which is equipped
tions an active part of your
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OMPANY
- Mileage