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BARTHOLOMEW v. McCARTHA

19183

255 S.C. 489 (1971)

179 S.E.2d 912

Dick BARTHOLOMEW, Respondent, v. Clyde H. McCARTHA, Donald Ray Shealy, individually and as partner in W. Ray Shealy and Son, a partnership, and W. Ray Shealy, individually and as partner in W. Ray Shealy and Son, a partnership, of whom Donald Ray Shealy and W. Ray Shealy, individually and as partners, are, Appellants.

Supreme Court of South Carolina.

March 4, 1971.

Attorney(s) appearing for the Case

Messrs. Bernard Manning of Columbia, and Pope & Schumpert, of Newberry, for Appellants.

Messrs. Blease, Griffith, Stone, and Hightower, of Newberry, for Respondent.

March 4, 1971.

BRAILSFORD, Justice:

Plaintiff was injured in a collision between an automobile driven by Clyde H. McCartha and a truck driven by W. Ray Shealy. He sued both drivers, charging that the negligence of each contributed to his injury. Thereafter, he accepted $14,000.00 from McCartha, and, in consideration of this payment, executed and delivered unto him an instrument styled "Covenant Not To Sue". At the...

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