South Carolina Lawyers Weekly

Where a railroad that was party to a guaranteed shipping contract did not expressly breach the agreement, but a jury could have found that its conduct violated the duty of good faith and fair dealing, the declaratory judgment against it ...

Plaintiff Road, LLC, owned an isthmus that provided the sole means of access to the “Point Tract,” which the plaintiff-developer planned to develop, and the developer had agreed to pay Road, LLC, $5 million for the isthmus. The developer’s option ...

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

Even though the defendant Military Department violated the Subcontractors’ and Suppliers’ Payment Protection Act by failing to require the defendant-general contractor to obtain a payment bond, since the department had already paid the contractor the total amount due on the ...

Debtors contended that a 60-ton pelletizing machine (Pelletizer) was a fixture secured by a mortgage they granted to a non-party, but nothing in the mortgage documents indicated an intent that the Pelletizer was to become a fixture; moreover, defendants did ...

Where residents of Lumberton, North Carolina, alleged a railroad prevented the city from closing a dike across the railroad’s tracks, in contravention of a contract between the railroad and city, resulting in significant damage to their properties from Hurricanes Matthew ...

Where an oil and gas lease provided a method for calculating the amount to be deducted from the royalty for post-production costs, it sufficiently rebutted the presumption that the lessee bears all post-production costs and allowed an allocation of some ...

After the plaintiff-parents defaulted on a 2006 loan from their daughter, defendant Marilyn Dillon, in 2013, the parties entered into a settlement agreement requiring the sale of certain Charleston County property that served as security for the loan. Although daughter ...

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

Even though the plaintiff-contractor now asserts that its work continued longer, it is bound by the dates asserted in its complaint and on the face of the mechanic’s lien it filed. Where the lien and complaint assert that the contractor ...