Owens v. Atlantic Coast Lumber Corp.
This text of 93 S.E. 7 (Owens v. Atlantic Coast Lumber Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the Court was delivered by
This is an appeal from an order requiring the plaintiff to amend his complaint, by alleging two separate and distinct causes of action, on the ground that it contains two blended causes of action, one for a breach of contract, and the other for a tort.
*426 The plaintiff very properly contended that the complaint contained only one cause of action, and that it was based on tort.
The references in the complaint to the contract were for the purpose of showing the relation between the parties out of which the tort arose.
Reversed.
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Cite This Page — Counsel Stack
93 S.E. 7, 107 S.C. 425, 1917 S.C. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-atlantic-coast-lumber-corp-sc-1917.