CAR. EQUIP. & PARTS CO. v. CONT'NL CAS. CO.

18953

253 S.C. 129 (1969)

169 S.E.2d 379

CAROLINA EQUIPMENT AND PARTS COMPANY, Respondent, v. CONTINENTAL CASUALTY COMPANY, Appellant.

Supreme Court of South Carolina.

August 20, 1969.


Attorney(s) appearing for the Case

Messrs. Rogers & Riggs, of Manning, for Appellant.

Messrs. Berry, Lightsey, Gibbs and Bowers, of Columbia, for Respondent.


August 20, 1969.

BRAILSFORD, Justice.

This is an action against the surety on a highway construction performance bond to recover rent for a dragline allegedly leased from plaintiff and used by a subcontractor in the performance of the construction contract. From a verdict in favor of the lessor of the machine, the surety appeals, charging that the court erred in failing to direct a verdict for it upon the grounds...

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