John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., 21014
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | PER CURIAM |
| Citation | 257 S.E.2d 165,273 S.C. 461 |
| Parties | JOHN D. HOLLINGSWORTH ON WHEELS, INC., Respondent, v. ARKON CORPORATION, Appellant. |
| Docket Number | No. 21014,21014 |
| Decision Date | 26 July 1979 |
Page 165
v.
ARKON CORPORATION, Appellant.
[273 S.C. 462] 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.
PER CURIAM:
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
Page 166
that compulsory counter-claims were statutorily mandated in contract actions. Hence, it is clear that Arkon would have answered Hollingsworth's complaint without asserting[273 S.C. 463] 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, No. 0742
...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 erred......
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John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., No. 21937
...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 [279 S.C. 185] counterclaim in response ......
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C & S Real Estate Services, Inc. v. Massengale
...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 by jury on he......
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Whitmire v. Adams, No. 21013
...the line of cases typified by Bramlett v. Young, 229 S.C. 519, 93 S.E.2d 873 (1956). This discussion in both briefs was apparently induced[273 S.C. 461] by the statement in the Referee's Report to the effect that this line of cases did not apply because the Joanna Revival Center is a congre......
-
Crewe v. Blackmon, No. 0742
...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 erred......
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John D. Hollingsworth on Wheels, Inc. v. Arkon Corp., No. 21937
...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 [279 S.C. 185] counterclaim in response ......
-
C & S Real Estate Services, Inc. v. Massengale
...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 by jury on he......
-
Whitmire v. Adams, No. 21013
...the line of cases typified by Bramlett v. Young, 229 S.C. 519, 93 S.E.2d 873 (1956). This discussion in both briefs was apparently induced[273 S.C. 461] by the statement in the Referee's Report to the effect that this line of cases did not apply because the Joanna Revival Center is a congre......