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S.C.E. & G. CO. v. UTILITIES CONST. CO.

18188

244 S.C. 79 (1964)

135 S.E.2d 613

SOUTH CAROLINA ELECTRIC & GAS COMPANY, Respondent, v. UTILITIES CONSTRUCTION COMPANY, Appellant.

Supreme Court of South Carolina.

March 26, 1964.

Attorney(s) appearing for the Case

Messrs. Nelson, Mullins, Grier & Scarborough, of Columbia, for Appellant.

Messrs. Arthur M. Williams, Jr., Cooper, Gary, Nexsen & Pruet, Frank B. Gary and Harold W. Jacobs, all of Columbia, for Respondent.

Messrs Nelson, Mullins, Grier & Scarborough, of Columbia, for Appellant, in Reply.

March 26, 1964.

BUSSEY, Justice.

In this action the plaintiff-respondent seeks to recover by way of indemnity, the sum of $39,000.00, interest and costs from the defendant-appellant. The controversy arose out of the following facts:

The Town of Holly Hill passed an ordinance which granted the plaintiff the electric franchise for that community. The portions of this ordinance pertinent to this controversy read...

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