TUNSTALL v. UNITED TELEPHONE CO. INC.

22205

283 S.C. 588 (1985)

325 S.E.2d 61

Billy A. TUNSTALL, Sr., d/b/a Greenwood Motel, Respondent, v. UNITED TELEPHONE COMPANY, INC., Appellant.

Supreme Court of South Carolina.

Decided January 2, 1985.


Attorney(s) appearing for the Case

J. Michael Jordan of Burns, McDonald, Bradford, Erwin & Patrick, Greenwood, for appellant.

Billy A. Tunstall, Jr., Law Offices of C. Rauch Wise, Greenwood, for respondent.


Submitted Nov. 14, 1984.

Decided Jan. 2, 1985.

NESS, Justice:

Respondent Greenwood Motel seeks to recover overcharges paid appellant United Telephone Company for the use of certain switchboard devices. United raised the affirmative defense of a two year statute of limitations under S.C. Code Ann. § 58-9-740. The trial judge struck the defense as being irrelevant to the cause of action. We agree and affirm.

When the switchboard equipment...

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