J. H. ELLEN, JR., ET AL. v. KING ET AL.

17038

227 S.C. 481 (1955)

88 S.E.2d 598

J. H. ELLEN, JR., DAVID M. ELLEN, JR., and WILLIAM M. ELLEN, Respondents, v. A.L. KING and ST. PAUL-MERCURY INDEMNITY COMPANY, Appellants.

Supreme Court of South Carolina.

July 25, 1955.


Attorney(s) appearing for the Case

Messrs. Willcox, Hardee, Houck & Palmer, of Florence, for Appellant, St. Paul-Mercury Indemnity Co., and Messrs. J.B. Gibson and Hawkins & Bethea, of Dillon, for Appellant, A.L. King.

Messrs. Herbert Britt, of Dillon, Henry C. Jennings, of Bishopville, and James P. Mozingo, III, and John L. Nettles, of Darlington, for Respondents.


July 25, 1955.

LEGGE, Justice.

This is an action against a building contractor and the surety on his payment and performance bond; and the appeal by the defendants is from an order of Judge Lewis dated September 19, 1953, refusing their motions to require the complaint to be made more definite and certain and to strike certain allegations thereof, and also from an order of Judge Brailsford dated February 10, 1954, refusing their motion to require the plaintiffs...

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