Collins Music Co., Inc. v. Smith
Decision Date | 15 June 1998 |
Docket Number | No. 2855.,2855. |
Parties | COLLINS MUSIC COMPANY, INC., Appellant, v. C.W. SMITH, d/b/a West Ashley Tackle Shop, and Holliday Amusement Company, Respondents. |
Court | South Carolina Court of Appeals |
Stephen P. Groves, Sr., Edward D. Buckley, Jr., and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale, Charleston, for appellant.
F. Truett Nettles, II, of Hollings & Nettles; and Richard S. Rosen, of Rosen, Goodstein & Hagood, Charleston, for respondents.
Collins Music Company ("Collins") brought this action against C.W. Smith for breach of contract and against Holliday Amusement Company ("Holliday") for tortious interference with contractual relations. The jury awarded Collins $10,000 actual damages for the breach-of-contract claim and $10,000 actual damages for the tortious-interference-with-contractual-relations claim. The trial court granted Smith and Holliday's motion to alter, amend, or clarify the judgment and entered a single judgment of $10,000 against the defendants. Collins appeals, and we affirm.
Smith, owner of the West Ashley Tackle Shop, executed an exclusive contract with Collins to install Collins's coin operated amusement machines in the tackle shop. After many years of successfully dealing with Collins, Smith contacted Holliday about placing Holliday's machines in the tackle shop. Holliday installed its machines in the tackle shop, disconnected Collins's machines, and placed them aside.
This action followed.
Collins argues the trial court erred in consolidating the verdict into a single amount. It is well settled in this state that "there can be no double recovery for a single wrong and a plaintiff may recover his actual damages only once." Taylor v. Hoppin' Johns, Inc., 304 S.C. 471, 475, 405 S.E.2d 410, 412 (Ct.App.1991); Inman v. Imperial Chrysler-Plymouth, Inc., 303 S.C. 10, 397 S.E.2d 774 (Ct.App.1990). Cases elsewhere are on point, particularly Ross v. Holton, 640 S.W.2d 166 (Mo.Ct.App.1982). There, the court explained:
Id. at 173 (citations omitted); see also Charles River Constr. Co. v. Kirksey, 20 Mass.App.Ct. 333, 480 N.E.2d 315 (1985)
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