Bryson v. Arcadian Shores, Inc., 21018
| Decision Date | 01 August 1979 |
| Docket Number | No. 21018,21018 |
| Citation | 257 S.E.2d 233,273 S.C. 471 |
| Court | South Carolina Supreme Court |
| Parties | Edwin C. BRYSON, Sr., as Trustee in Bankruptcy of George W. Kane, Inc., Plaintiff-Respondent, v. ARCADIAN SHORES, INC., Wachovia Realty Investments, an unincorporated business trust, Starr Electric Co., Inc., Segar Waterproofing, Inc., Westinghouse Electric Corp., Shields, Inc., Carolina Marble and Tile Co., Towne Paving Co., Inc., Callendar Flooring Company, Inc., Herring Decorating, Inc., PPG Industries, Inc., of whom all are also Respondents, except Arcadian Shores, Inc., Defendant-Appellant. WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff-Respondent, v. OCEAN LAKES INVESTMENT COMPANY, INC., Arcadian Shores, Inc., and George W. Kane, Inc., of whom Ocean Lakes Investment Company, Inc., and George W. Kane, Inc., are also Respondents and Arcadian Shores, Inc., Defendant-Appellant. SEGAR WATERPROOFING, INC., a North Carolina Corporation, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, George W. Kane, Inc., a North Carolina Corporation, and Wachovia Realty Investments, an unincorporated business trust, of whom George W. Kane, Inc., and Wachovia Realty Investments are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant. STARR ELECTRIC COMPANY, INC., a North Carolina Corporation, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, and George W. Kane, Inc., a North Carolina Corporation, of whom George W. Kane, Inc. is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. TOWNE PAVING, INC., Plaintiff-Respondent, v. ARCADIAN SHORES, INC., George W. Kane, Inc., and Wachovia Realty Investments, of whom George W. Kane, Inc., and Wachovia Investments are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant. CAROLINA MARBLE & TILE COMPANY, Plaintiff-Respondent, v. GEORGE W. KANE, INC., and Arcadian Shores, Inc., of whom George W. Kane, Inc., is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. SHIELDS, INC., Plaintiff-Respondent, v. GEORGE W. KANE, INC., and Arcadian Sho |
Claude M. Scarborough, Jr., and Stephen G. Morrison, of Nelson, Mullins, Grier & Scarborough, Columbia, for appellant.
Glenn Bowers, of Nexson, Pruet, Jacobs & Pollard, Columbia, for respondent, Westinghouse Electric Corporation.
Richard E. Lester, of Van-Osdell & Lester, Myrtle Beach, for respondents, Starr Electric Company, Inc., Segar Waterproofing, Inc., and Callendar Flooring Co., Inc.
David B. Gravely, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for respondents, Shields, Inc., Carolina Marble and Tile Co., Inc., Towne Paving Co., Inc., and Herring Decorating, Inc.
J. Stanton Cross, Jr., Conway, for respondent, W. Crutcher Ross.
Richard M. Lovelace, Jr., Conway, for respondent, Edwin C. Bryson, Sr., as Trustee of George W. Kane, Inc.
R. W. Dibble, Jr., of McNair, Konduros, Corley, Singletary & Dibble, Columbia, for respondent, Wachovia Realty Investments.
W. Samuel Woodard, of Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N. C., for respondent, W. Crutcher Ross.
Singleton & Singleton, Myrtle Beach, for respondent, PPG Industries.
This is a consolidated mechanics lien foreclosure action involving construction of the Myrtle Beach Hilton. The findings of fact by the special referee were concurred in by the trial court. We affirm.
George W. Kane, Inc., now bankrupt, was the general contractor for the Myrtle Beach Hilton. Edwin C. Bryson, the respondent, is Kane's trustee in bankruptcy. Kane, various subcontractors and materialmen, and Ross, the architect, brought suit against the owner, appellant Arcadian Shores, Inc., for foreclosure of mechanics liens. The primary defense raised by Arcadian was that it was not responsible for the amounts Kane owed the subcontractors because it owed Kane nothing under the original construction contract. Arcadian asserted it was entitled to $556,054.29 as a set-off against Kane due to delay and construction defects.
The referee found there was a construction contract between Arcadian and Kane in the original amount of $6,660,000.00; that there were written and signed change orders, authorizing and...
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