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RABY CONST., L.L.P. v. ORR

No. 25793.

358 S.C. 10 (2004)

594 S.E.2d 478

RABY CONSTRUCTION, L.L.P., Respondent, v. Henry J. ORR, Jr., H & D Capital, LLC, d/b/a The South City Grill, Stanley C. Gibson, Bank of Travelers Rest, and Debra L. Dailey d/b/a Dailey & Associates, Defendants, Defendants, of whom Henry J. Orr, Jr. and H & D Capital. LLC d/b/a the South City Grill are Appellants. and Raby Construction, L.L.P., Respondent, v. Henry J. Orr, Jr., H & D Capital, LLC, d/b/a The South City Grill, Stanley C. Gibson, Bank of Travelers Rest, and Debra L. Dailey d/b/a Dailey & Associates, Defendants, Defendants, of whom Henry J. Orr, Jr. is Appellant.

Supreme Court of South Carolina.

Decided March 22, 2004.

Attorney(s) appearing for the Case

T.S. Stern, Jr., of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, for appellants.

Matthew P. Utecht, of Haynsworth Sinkler Boyd, P.A., of Greenville, for respondent.

Justice WALLER:

These two direct appeals arise from the same mechanic's lien case and therefore have been combined for our review. We affirm on both.

FACTS

In Spring 1999, appellant Henry Orr1 entered into an oral contract with respondent Raby Construction for the construction/renovation of a restaurant in Greenville to be known as the South City Grill. The contract was a "cost...

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