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SOUTHERN STATES SUPPLY v. COMM. IND. CONTRACTORS

22280

285 S.C. 222 (1985)

329 S.E.2d 738

SOUTHERN STATES SUPPLY COMPANY, INC., Plaintiff, v. COMMERCIAL INDUSTRIAL CONTRACTORS, INC., and Lumbermens Mutual Casualty Company of the Kemper Insurance Group, Defendants, of whom Commercial Industrial Contractors, Inc., is a Respondent, and Lumbermens Mutual Casualty Company of the Kemper Insurance Group is an Appellant. and SHARP CONSTRUCTION COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. G.W. WARD COMPANY, Third Party Defendant-Respondent. Appeal of LUMBERMENS MUTUAL CASUALTY COMPANY OF the KEMPER INSURANCE GROUP.

Supreme Court of South Carolina.

Decided April 8, 1985.

Attorney(s) appearing for the Case

Howard P. King and Terrell T. Horne, both of Bryan, Bahnmuller, King, Goldman & McElveen, Sumter, for defendant-appellant and defendant-third-party plaintiff-appellant.

E. Lee Morgan, of Hyman, Morgan, Brown, Rushton, Jeffords & Fallon, Florence, for defendant-respondent.

LeRoy Nettles, Sr., of Nettles, Floyd, Turbeville & Reddeck, Lake City, for third-party defendant-respondent.

Argued Feb. 19, 1985.

Decided April 8, 1985.

NESS, Justice:

Respondent subcontractors sought to recover retainage amounts held by appellant general contractor as a set off claim for water and sewer tap fees paid by appellant but allegedly owed by one of the subcontractors. The trial court ruled neither subcontractor was liable for the tap fees and ordered appellant to pay respondents the retainage amount plus interest from the date owed. We reverse...

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