Computer Servicenters, Inc., of Greenville v. Beacon Manufacturing Company

443 F.2d 906, 1971 U.S. App. LEXIS 9595
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 14, 1971
Docket71-1091
StatusPublished
Cited by12 cases

This text of 443 F.2d 906 (Computer Servicenters, Inc., of Greenville v. Beacon Manufacturing Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Computer Servicenters, Inc., of Greenville v. Beacon Manufacturing Company, 443 F.2d 906, 1971 U.S. App. LEXIS 9595 (4th Cir. 1971).

Opinion

PER CURIAM:

The appellant (plaintiff below) seeks to recover damages for breach of contract. The appellee (defendant below) moved for summary judgment upon the ground that, based upon the pleadings filed by the respective parties, the depositions taken of persons having knowledge of the facts, the plaintiff’s answers to interrogatories, and affidavits filed by the plaintiff in opposition to the motion for summary judgment, the claim of the plaintiff is barred by the statute of frauds of the State of South Carolina since it is based upon an alleged oral contract which, by its terms, was incapable of performance within one year.

The district court granted summary judgment pursuant to Rule 56, Fed.R.Civ.P., against the plaintiff. For the purposes of the motion, though they were disputed, the facts were properly considered by the court as claimed by *907 the plaintiff. In its order of December 9, 1970, the district court stated the facts and its conclusions of law. We affirm on that order. 1

Affirmed.

1

. Computer Servicenters, Inc. of Greenville v. Beacon Manufacturing Company, 328 F.Supp. 653, (D.S.C.1970).

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443 F.2d 906, 1971 U.S. App. LEXIS 9595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/computer-servicenters-inc-of-greenville-v-beacon-manufacturing-company-ca4-1971.