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J.M.S., INC. v. THEO

18005

241 S.C. 394 (1962)

128 S.E.2d 697

J. M.S., INC., Respondent, v. Joe H. THEO and W.J. Theo, Partners doing business under the trade name of Theo Brothers, Appellants.

Supreme Court of South Carolina.

December 13, 1962.

Attorney(s) appearing for the Case

Messrs. Odom, Nolen & Foster, of Spartanburg, for Appellants.

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, and Holcombe & Bomar, of Spartanburg, for Respondent.

December 13, 1962.

TAYLOR, Chief Justice.

This is an action for damages for an alleged breach of a construction contract. The complaint alleges that plaintiff, a South Carolina Corporation, contracted with defendants to construct a dam on plaintiff's land in 1954, and as was usual and customary a floodgate was installed in this dam by defendants for the purpose of controlling the level of the water in the lake above...

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