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SUMTER DAIRIES, INC. v. PELFREY

20409

268 S.C. 437 (1977)

234 S.E.2d 490

SUMTER DAIRIES, INC., Respondent, v. J.C. PELFREY, d/b/a Burger Park of Manning, S.C. Appellant.

Supreme Court of South Carolina.

April 20, 1977.

Attorney(s) appearing for the Case

Ralph F. Cothran, Esq., of Manning, for Appellant.

Messrs. Lee, Moise & Myers, of Sumter, for Respondent.

April 20, 1977.

RHODES, Justice:

The defendant in this action appeals from the order of the circuit judge granting summary judgment to the plaintiff. Finding that the plaintiff's claim is a material fact in dispute, we reverse and remand the case.

The plaintiff's action is based on (1) the alleged indebtedness of one Floyd Bobby Turbeville and Burger Park to the plaintiff, and (2) Turbeville's sale of Burger Park to the defendant allegedly without...

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