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RENTCO, A DIV. OF FRUEHAUF v. TAMWAY CORP.

0288

283 S.C. 265 (1984)

321 S.E.2d 199

RENTCO, A DIVISION OF FRUEHAUF CORPORATION, Respondent, v. TAMWAY CORPORATION, Appellant.

Court of Appeals of South Carolina.

Decided September 27, 1984.

Attorney(s) appearing for the Case

Herman E. Cox, Greenville, for appellant.

Joseph M. Jenkins, Jr. of Horton, Drawdy, Hagins, Ward & Johnson, P.A., Greenville, for respondent.

Heard July 31, 1984.

Decided Sept. 27, 1984.

GARDNER, Judge:

Respondent RentCo., a division of Fruehauf Corporation (RentCo.), brought this action against Tamway Corporation (Tamway) on a written lease of a trailer which was extensively damaged while in the possession of defendant Tamway. The trial judge awarded summary judgment for plaintiff RentCo. We disagree and reverse.

For purposes of this appeal, we must consider the facts, as they appear...

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