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PEEPLES v. ORKIN EXTERMINATING CO.

18201

244 S.C. 173 (1964)

135 S.E.2d 845

D.I. PEEPLES, Respondent, v. ORKIN EXTERMINATING COMPANY, Inc., Appellant.

Supreme Court of South Carolina.

April 16, 1964.

Attorney(s) appearing for the Case

Messrs. William H. Grimball, Jr., and Coming B. Gibbs, Jr., of Charleston, for Appellant.

Holland Smith, Esq., of Hampton, for Respondent.

April 16, 1964.

TAYLOR, Chief Justice.

Respondent, D.I. Peeples, a resident of Hampton County, instituted this action against Appellant, Orkin Exterminating Co., Inc., in the Court of Common Pleas for Hampton County.

Appellant moved for a change of venue and filed a demurrer to the complaint on the grounds that it improperly united a cause of action ex delicto with a cause of action ex contractu. After both parties submitted affidavits...

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