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TOLEMAC, INC. v. UNITED TRADING, INC.

No. 24607.

326 S.C. 103 (1997)

484 S.E.2d 593

TOLEMAC, INC., Appellant, v. UNITED TRADING, INC., James Mason, TRP Cotton, Inc., Preparation Machinery Services, Inc., Commercial and Industrial Mechanical Contractors and Fabricators, Inc., and Electrical Services of Spartanburg, Inc., Defendants, Of whom TRP Cotton, Inc., is Respondent.

Supreme Court of South Carolina.

Decided April 21, 1997.

Attorney(s) appearing for the Case

David A. White and Sarah B. Boucher, both of Robinson, Bradshaw & Hinson, P.A., Rock Hill, for appellant.

Herbert W. Hamilton and W. Keith Martens, both of Kennedy, Covington, Lobdell & Hickman, L.L.P., Rock Hill, for respondent.

MOORE, Justice:

This case involves the construction of our statutory scheme allowing the distraint of personal property for rent. The master found third-party property on the rented premises was not subject to distraint. We reverse and remand.

FACTS

Appellant Tolemac (Landlord) subleased a warehouse to United Trading, Inc. (Tenant). When Tenant's rent was in arrears for $41,666, Landlord commenced this action for collection of rent by distraint...

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