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U.S. RUBBER CO. v. WHITE TIRE CO.

17242

231 S.C. 84 (1956)

97 S.E.2d 403

UNITED STATES RUBBER COMPANY (Fiske Tire Division), Plaintiff, v. WHITE TIRE COMPANY, Inc., et al., Defendants, wherein J. Wright Nash, as Receiver of White Tire Company, Inc., is Appellant, and Mrs. Louise Henderson McDavid is Respondent.

Supreme Court of South Carolina.

December 31, 1956.

Attorney(s) appearing for the Case

Messrs. Carlisle, Brown & Carlisle, of Spartanburg, for Appellant.

Messrs. Holcombe & Bomar, of Spartanburg, for Respondent.

December 31, 1956.

LEGGE, Justice.

This appeal involves the respective rights of a lessor and of the receiver of the lessee in a sum of money paid by the lessee to the lessor upon the execution of the lease as security for the lessee's performance of its obligations thereunder.

By written agreement dated November 6, 1951, Mrs. Louise Henderson McDavid, owner of a vacant lot in the City of Greenville, leased to White Tire Company, Inc., the said lot...

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