Fruehauf Trailer Co. v. McElmurray, 17623
| Court | United States State Supreme Court of South Carolina |
| Citation | 236 S.C. 141,113 S.E.2d 756 |
| Docket Number | No. 17623,17623 |
| Parties | FRUEHAUF TRAILER COMPANY, Respondent, v. Richard P. McELMURRAY, Appellant. |
| Decision Date | 07 March 1960 |
Ryan L. Scott, Columbia, for appellant.
Turner, Padget & Graham, Columbia, for respondent.
This appeal comes from the Court of Common Pleas for Richland County wherein the plaintiff sought to foreclose a conditional sales contract covering a produce trailer purchased by the defendant from the plaintiff. The sole exception, as stated by the defendant (Appellant), is that:
'The Court erred in granting plaintiff's motion to strike defendant's Answer as sham, frivolous, and irrelevant and awarding plaintiff judgment on the pleadings; the assigned error being the Court granted plaintiff's motion made upon that ground.'
The defendant by way of answer contends that the plaintiff canceled the insurance on the trailer without the knowledge or consent of the defendant, received the refund thereon rightfully due the defendant and accepted insurance money from the defendant, and failed to reinsure the trailer prior to its destruction by collision as it was authorized to do under the conditional sales contract, all of which amounted to a waiver of the remedy of foreclosure on the conditional sales contract.
Plaintiff contends that the matters involving the insurance coverage on the trailer are not relevant to the issue of plaintiff's right to recover the balance of the purchase money due and owing to plaintiff by the defendant. Plaintiff further contends that the provisions of the conditional sales contract expressly negate any obligation on plaintiff's part to keep the trailer insured, and that destruction of the trailer was not a release of the defendant from his contract obligation.
The plaintiff moved to strike the answer as sham, frivolous and irrelevant and to have judgment on the pleadings. This motion was heard before the Honorable G. Duncan Bellinger and was granted in his Order dated July 16, 1959.
The exception presented in this appeal is entirely too general, vague and indefinite to be considered by this Court and does not comply with Supreme Court Rule 4, Section 6, which states:
* * *'
In the case of Brady v. Brady, 222 S.C. 242, 72 S.E.2d 193, 194, this Court said:
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State v. Dingle, 21966
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