Associate Management, Inc. v. E.D. Sauls Const. Co., 21952
| Decision Date | 12 July 1983 |
| Docket Number | No. 21952,21952 |
| Citation | 305 S.E.2d 236,279 S.C. 219 |
| Court | South Carolina Supreme Court |
| Parties | ASSOCIATE MANAGEMENT, INC., Appellant, v. E.D. SAULS CONSTRUCTION COMPANY and William T. Sauls Agency, Inc., Defendants of Whom E.D. Sauls Construction Company is Respondent. |
James D. Cooper, Jr., of Ratchford, Cooper & Jones, Columbia, for appellant.
Robert F. Buggel, of Sellers & Buggel, Columbia, for respondent.
Associate Management, Inc. appeals from an order granting respondent E.D. Sauls Construction Company's motion for an involuntary non-suit. We reverse and remand for a new trial.
Appellant entered into a contract with respondent for the sale of three lots near Lake Murray through its alleged agent William T. Sauls. After making a Ten Thousand ($10,000.00) Dollar down payment and paying the first installment of Eight Thousand One Hundred Sixty-Three ($8,163.00) Dollars, appellant discontinued making payments, contending respondent broke certain promises. Appellant then brought this action seeking (1) rescission, (2) damages for breach of contract, (3) damages for fraudulent misrepresentation, and (4) damages for conversion.
Respondent answered denying William T. Sauls was its agent, denying any dealings with appellant, and denying receiving any money from appellant. Respondent, in an amended answer, set forth as an affirmative defense, a document entitled "Satisfaction and Release." Respondent further amended its answer to plead as an additional defense that appellant had breached the contract by failing to make annual installments, and brought a cross-claim against William T. Sauls.
The matter was heard by a jury. At the close of the appellant's case, respondent moved for an involuntary non-suit as to all four causes of action. The trial judge granted respondent's motion on the ground the Satisfaction and Release operated to release respondent from any claim appellant might have against it. Appellant appeals the non-suit as to the first two causes of action.
Appellant first contends the Satisfaction and Release was improperly admitted into evidence because it was irrelevant, immaterial, and prejudicial. Evidence which tends to establish or to make more or less probable some matter in issue and to bear directly or indirectly thereon is relevant. See cases collected in 9 West's S.C. Digest, Evidence, Key No. 99. The admission of evidence is largely within the discretion of the trial judge. Id. The trial judge ruled the document relevant and admissible. We find no...
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...and admissible if it tends to establish or to make more or less probable some matter in issue. Id.; Associate Management, Inc. v. E.D. Sauls Const. Co., 279 S.C. 219, 305 S.E.2d 236 (1983). The evidence was properly excluded. Respondents' misfortune of living in a high crime area does not m......
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