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EMBASSY MEN'S APPAREL v. LYMAN P. & F. CO.

18495

247 S.C. 471 (1966)

148 S.E.2d 158

EMBASSY MEN'S APPAREL, INC., Respondent, v. LYMAN PRINTING AND FINISHING CO., INC., Appellant. VARSITY PAJAMAS, INC., Respondent, v. LYMAN PRINTING AND FINISHING CO., Inc., Appellant.

Supreme Court of South Carolina.

April 28, 1966.

Attorney(s) appearing for the Case

Messrs. L. Paul Barnes, of Kerr, Smith & Barnes, Martin and Roberts, (Bernard R. Rapoport on the Brief) of Spartanburg, for Appellant.

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

Messrs. L. Paul Barnes, of Kerr, Smith & Barnes, and Martin & Roberts, (Bernard R. Rapoport) of Spartanburg, for Appellant, in Reply.

April 28, 1966.

LEWIS, Justice.

The defendant has appealed in two cases from an order of the lower court striking portions of its answers and sustaining demurrers to several defenses interposed. Since the issues are the same, it is agreed that one appeal will control both cases.

These are companion claim and delivery actions involving the title and right to possession of a quantity of cloth which was delivered...

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