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TURNER COLEMAN v. OHIO CONSTRUCTION & ENG.

20857

272 S.C. 289 (1979)

251 S.E.2d 738

TURNER COLEMAN, INC., Respondent, v. OHIO CONSTRUCTION & ENGINEERING, INC., and John Bagwell Inc., d/b/a O & B Mining Company, Defendants of which Ohio Construction & Engineering, Inc., is Appellant.

Supreme Court of South Carolina.

January 23, 1979.

Attorney(s) appearing for the Case

Richard H. Rhodes, of Burts, Turner, Hammett, Harrison & Rhodes, Spartanburg, for appellant.

Thomas B. Jackson, III, and Eugene L. Brantley, Columbia, for respondent.

January 23, 1979.

LEWIS, Chief Justice:

This action was brought to recover the balance due on a promissory note jointly executed to plaintiff by defendants Ohio Construction & Engineering, Inc., (Ohio) and John Bagwell, Inc., (Bagwell). The principal amount of the note was based on a statement prepared by plaintiff showing the outstanding balance due on an open account owed by defendants to plaintiff. Bagwell defaulted and judgment was entered against...

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