John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., 21014
| Decision Date | 26 July 1979 |
| Docket Number | No. 21014,21014 |
| Parties | JOHN D. HOLLINGSWORTH ON WHEELS, INC., Respondent, v. ARKON CORPORATION, Appellant. |
| Court | South Carolina Supreme Court |
David L. Freeman, of Wyche, Burgess, Freeman & Parham, Greenville, for appellant.
Wesley M. Walker and James H. Watson, of Leatherwood, Walker, Todd & Mann, Greenville, for respondent.
This appeal is from the lower court's orders denying appellant's motions for summary judgment and maintaining equitable jurisdiction over the entire controversy. We affirm.
While appellant raises numerous questions on appeal, we need only consider its first exception which alleges the lower court erred in denying Arkon a jury trial on its counter-claim for damages arising from respondent's alleged contractual breach. Appellant asserts its counter-claim was compulsory and thus the lower court erred in failing to grant its motion for a jury trial. We disagree.
In Kirven v. Virginia-Carolina Chemical Co., 77 S.C. 493, 58 S.E. 424 (1907) affirmed, 215 U.S. 252, 30 S.Ct. 78, 54 L.Ed. 179 (1909), this Court rejected the contention that compulsory counter-claims were statutorily mandated in contract actions. Hence, it is clear that Arkon would have answered Hollingsworth's complaint without asserting its counter-claim. By electing to assert its counter-claim in response to Hollingsworth's equitable action, Arkon waived its right to a jury trial. Welborn v. Cobb, 92 S.C. 384, 75 S.E. 691 (1912). Accordingly, the orders of the lower court are affirmed.
We have considered the remaining questions raised by appellant and conclude they are without merit or precedential value. Accordingly, they are dismissed pursuant to Rule 23 of the Rules of this Court.
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Crewe v. Blackmon
...in response to [plaintiff's] equitable action, [defendant] waived its right to a jury trial." John D. Hollingsworth on Wheels v. Akron Corp., 273 S.C. 461, 463, 257 S.E.2d 165, 166 (1979). See Aiken Mortgage Co. v. Jones, 197 S.C. 245, 15 S.E.2d 119 (1941). Accordingly, the circuit court er......
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John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., 21937
...were not established with the reasonable certainty required by the law of this State. A previous appeal in this case, Hollingsworth v. Arkon, 273 S.C. 461, 257 S.E.2d 165, established that Arkon has waived its right to jury trial by electing to assert its counterclaim in response to Holling......
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C & S Real Estate Services, Inc. v. Massengale
...counterclaims which are legal in nature, he waives the right to a jury trial on these issues. John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., 273 S.C. 461, 257 S.E.2d 165 (1979); Crewe v. Blackmon, 289 S.C. 229, 345 S.E.2d 754 (Ct.App.1986). Appellant therefore had no right to a trial......
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