R & G Construction Inc. v. Lowcountry Regional Transportation Authority

540 S.E.2d 113, 343 S.C. 424, 2000 S.C. App. LEXIS 181
CourtCourt of Appeals of South Carolina
DecidedDecember 4, 2000
DocketNo. 3264
StatusPublished
Cited by41 cases

This text of 540 S.E.2d 113 (R & G Construction Inc. v. Lowcountry Regional Transportation Authority) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R & G Construction Inc. v. Lowcountry Regional Transportation Authority, 540 S.E.2d 113, 343 S.C. 424, 2000 S.C. App. LEXIS 181 (S.C. Ct. App. 2000).

Opinion

ANDERSON, Judge:

In this breach of contract action, Lowcountry Regional Transportation Authority (LRTA) appeals the trial court’s refusal to grant a directed verdict and the court’s admission of a closure report and letter. We affirm.

FACTSIPROCEDURAL BACKGROUND

LRTA runs a public transportation bus service for Beaufort, Jasper, Colleton, Hampton, and Allendale counties. From approximately 1983, LRTA operated a maintenance and fueling facility in the Burton area of Beaufort County. Two fuel pumps and two underground fuel storage tanks were located at the Burton site. The facilities were located on land owned by Beaufort County, which provided LRTA with the Burton site free of charge as part of its contribution to LRTA. LRTA installed the fuel tanks and used them for about twelve years.

Sometime in 1994 or 1995, LRTA decided to move its maintenance and fuel site from Burton to Bluffton. In anticipation of LRTA’s move to Bluffton, Beaufort County located a buyer for the Burton site. However, before the County could sell the land, it had to ensure the site was environmentally clean. Over the years LRTA used the site, the underground fuel tanks corroded and leaked fuel into the surrounding soil. The County requested LRTA remove the two underground fuel tanks.

LRTA asked Beaufort County to solicit bids for the tank removal and cleanup of the Burton facility. In February of 1995, Beaufort County issued an invitation for bids for the “removal/disposal” of the two 4,000 gallon underground fuel tanks.

On March 16, 1995, R & G Construction submitted a bid setting out the following prices:

(1) $4,000 for the “Removal/Disposal of two (2) 4000 gallon fuel tanks”;
(2) $17.60 per ton for field monitoring and soil analysis;
(3) $64.00 per ton for soil disposal; and
(4) $6.00 per yard for fill dirt.

Over three months later, Samuel Smith, LRTA’s Executive Director, sent R & G a purchase order for the “Removal of [430]*430fuel tanks in accordance with bid dated 3-16-95 ... $4,000.00.” The purchase order was issued on a form bearing the name, address, and telephone number of LRTA.

R & G removed the fuel tanks and disposed of and replaced contaminated soil. The total cost for the job was $47,982.98. LRTA refused to pay more than $4,000. LRTA contended it neither contracted for R & G to test, remove, or replace the soil at the facility nor agreed for it to do so.

R & G filed a complaint against LRTA alleging breach of contract. Alternatively, R & G claimed it performed valuable work for LRTA and should be paid under the theory of quantum meruit. R & G sought damages in the amount of the remaining contract balance, $43,982.98. LRTA answered, denying the existence of a contract and alternatively averring it withheld payment due to R & G’s alleged failure to complete the project.

At the close of R & G’s case, LRTA moved for a directed verdict on the grounds (1) Samuel Smith did not have the authority to bind LRTA to the alleged contract and (2) LRTA did not have a contract with R & G for the removal and replacement of the soil, but only for the removal and disposal of the tanks, which totaled $4,000. The court denied the motion. The jury awarded R & G $43,982.98 in actual damages.

STANDARD OF REVIEW

Breach of Contract Action

An action for breach of contract seeking money damages is an action at law. Sterling Dev. Co. v. Collins, 309 S.C. 237, 421 S.E.2d 402 (1992); Kuznik v. Bees Ferry Assocs., 342 S.C. 579, 538 S.E.2d 15 (Ct.App.2000). See also South Carolina Fed. Sav. Bank v. Thornton-Crosby Dev. Co., 310 S.C. 232, 423 S.E.2d 114 (1992) (action seeking money damages for breach of contract is action at law). Our review of an action at law tried by a jury extends merely to correcting errors of law. We will not disturb the facts determined by the jury unless there is no evidence which reasonably supports the jury’s findings. Townes Assocs., Ltd. v. City of Greenville, [431]*431266 S.C. 81, 221 S.E.2d 773 (1976); Brown v. Smalls, 325 S.C. 547, 481 S.E.2d 444 (Ct.App.1997).

Directed Verdict

In ruling on a motion for directed verdict, the Court must view the evidence and all reasonable inferences in the light most favorable to the nonmoving party. Futch v. McAllister Towing, 335 S.C. 598, 518 S.E.2d 591 (1999); Collins v. Bisson Moving & Storage, Inc., 332 S.C. 290, 504 S.E.2d 347 (Ct.App.1998). See also Weir v. Citicorp Nat’l Servs., Inc., 312 S.C. 511, 435 S.E.2d 864 (1993) (illustrating an appellate court must apply the same standard when reviewing the trial judge’s decision on such motions). When the evidence yields only one inference, a directed verdict in favor of the moving party is proper. Swinton Creek Nursery v. Edisto Farm Credit, 334 S.C. 469, 514 S.E.2d 126 (1999); Arthurs v. Aiken County, 338 S.C. 253, 525 S.E.2d 542 (Ct.App.1999). If more than one reasonable inference can be drawn from the evidence, the case must be submitted to the jury. Mullinax v. J.M. Brown Amusement Co., 333 S.C. 89, 508 S.E.2d 848 (1998); Arthurs, supra. In ruling on a directed verdict motion, the trial court is concerned only with the existence or non-existence of evidence. Long v. Norris & Assocs., Ltd., 342 S.C. 561, 538 S.E.2d 5 (Ct.App.2000); Jones v. General Elec. Co., 331 S.C. 351, 503 S.E.2d 173 (Ct.App.1998). This Court may only reverse the denial of a motion for directed verdict if no evidence supports the trial court’s ruling. Sunnton Creek Nursery, supra; Arthurs, supra.

ISSUES

I. Did the trial court err In denying LRTA’s motion for directed verdict?

II. Did the trial court err in admitting the closure report and closure letter?

LAWIANALYSIS

I. Directed Verdict

A. Apparent Authority

LRTA argues the trial judge erred in refusing to direct a verdict for LRTA where Samuel Smith had neither actual nor apparent authority to bind LRTA. We disagree.

[432]*432In reviewing the trial court’s denial of LRTA’s motion for directed verdict, this Court must determine whether, viewing the evidence in the light most favorable to R & G, there is any evidence in the record to support the trial court’s finding Smith had authority to enter into the contract on LRTA’s behalf. See Creech v. South Carolina Wildlife and Marine Resources Dep’t, 328 S.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

First South Bank v. South Causeway, LLC
778 S.E.2d 493 (Court of Appeals of South Carolina, 2015)
Deep Keel, LLC v. Atlantic Private Equity Group, LLC
773 S.E.2d 607 (Court of Appeals of South Carolina, 2015)
Johnson ex rel. Estate of Valenzuela v. Sam English Grading, Inc.
772 S.E.2d 544 (Court of Appeals of South Carolina, 2015)
Fay ex rel. Estate of Fay v. Grand Strand Regional Medical Center, LLC
771 S.E.2d 639 (Court of Appeals of South Carolina, 2015)
Johnson v. Alexander
757 S.E.2d 553 (Court of Appeals of South Carolina, 2014)
Froneberger v. Smith
748 S.E.2d 625 (Court of Appeals of South Carolina, 2013)
Town of Kingstree v. Chapman
747 S.E.2d 494 (Court of Appeals of South Carolina, 2013)
Gordon v. Busbee
723 S.E.2d 822 (Court of Appeals of South Carolina, 2012)
HHHunt Corp. v. Town of Lexington
699 S.E.2d 699 (Court of Appeals of South Carolina, 2010)
Judy v. Judy
682 S.E.2d 836 (Court of Appeals of South Carolina, 2009)
Ward v. West Oil Co., Inc.
665 S.E.2d 618 (Court of Appeals of South Carolina, 2008)
Silver v. Aabstract Pools & Spas, Inc.
658 S.E.2d 539 (Court of Appeals of South Carolina, 2008)
South Carolina Department of Social Services v. Mother Ex Rel. Minor Child
651 S.E.2d 622 (Court of Appeals of South Carolina, 2007)
Ecclesiastes Production Ministries v. Outparcel Associates, LLC
649 S.E.2d 494 (Court of Appeals of South Carolina, 2007)
Proctor v. Department of Health & Environmental Control
628 S.E.2d 496 (Court of Appeals of South Carolina, 2006)
Allen v. Greenville Hotel Partners, Inc.
409 F. Supp. 2d 672 (D. South Carolina, 2006)
Houck v. State Farm Fire & Casualty Insurance
620 S.E.2d 326 (Supreme Court of South Carolina, 2005)
Dabbs v. Davis
Court of Appeals of South Carolina, 2005

Cite This Page — Counsel Stack

Bluebook (online)
540 S.E.2d 113, 343 S.C. 424, 2000 S.C. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-g-construction-inc-v-lowcountry-regional-transportation-authority-scctapp-2000.