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MYERS v. MODERN HOMES SUPPLY CO.

18654

249 S.C. 460 (1967)

154 S.E.2d 729

Charles H. MYERS, JR., Respondent, v. MODERN HOMES SUPPLY COMPANY, Appellant.

Supreme Court of South Carolina.

May 24, 1967.

Attorney(s) appearing for the Case

Messrs. Edens, Woodward & Butler, of Columbia, for appellant.

Jack F. McGuinn, Esq., of Columbia, for respondent.

Messrs. Edens, Woodward & Butler, of Columbia, for appellant, in reply.

May 24, 1967.

Per Curiam.

This is an appeal from an order overruling a motion to strike certain allegations in the complaint on the ground that such allegations were not appropriate to an action ex contractu, it being contended by appellant that the complaint alleged only an action ex contractu.

While there are certain recognized exceptions, none of which are here applicable, the general rule in this jurisdiction is that an order refusing...

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