Price v. Derrick, 19805
| Citation | 262 S.C. 341,204 S.E.2d 389 |
| Decision Date | 10 April 1974 |
| Docket Number | No. 19805,19805 |
| Court | United States State Supreme Court of South Carolina |
| Parties | Larrell H. PRICE, Respondent, v. Roy W. DERRICK, Appellant. |
W. N. Moore, Jr., Columbia, for appellant.
James C. Anders, Columbia, for respondent.
This action arises from a dispute over a recorded lease whereby the defendant-appellant, Roy W. Derrick, leased to the plaintiff-respondent, Larrell H. Price, real property measuring 210 feet by 135 feet on Broad River Road in Richland County, South Carolina. A squabble over the use of a 16 foot strip on the edge of the property precipitated this law suit. That facet of the case has been settled, but the litigation continues. In his complaint the plaintiff-lessee contended that the defendant-lessor had continuously interfered with the use and enjoyment of the demised property, and prayed for a restraining order requiring the latter to cease and desist his activities. The defendant, by way of answer and counterclaim, alleged that the plaintiff had breached the terms and conditions of the lease and asked that the lease be declared null and void.
The matter was referred to the Master in Equity for Richland County, who recommended that the plaintiff's action for injunctive relief be dismissed and that the lease be declared null and void because of the plaintiff's residential use of the property. He further found that the plaintiff's use of the property for the seasonal sale of vegetables and fireworks was not a business purpose as contemplated by the parties when the lease was amended. The trial judge reversed the master, holding that the plaintiff's use of the property was within the use granted by the terms of the lease. He restrained the defendant from interfering with the plaintiff's enjoyment thereof.
' This being an equity case and the Master and Circuit Judge having disagreed and made contrary findings on the material issues in the case, this Court has jurisdiction to consider the evidence and make findings in accordance with our own view of the preponderance or greater weight of the evidence.' Talbot v. James, 259 S.C. 73, 190 S.E.2d 759 (1972).
In arriving at the intention of the parties to a lease, the subject matter, surrounding circumstances, situation of the parties, and object in view and intended to be accomplished by the parties at the time are to be regarded. Cases collected, 13 South Carolina Digest Landlord and Tenant k37 (Cum.Supp.1973).
The lease, which was for 10 years at a monthly rental of $35.00, was entered into by the parties on June 11, 1970. It stipulated that the lot was to be used for 'open air market (curb market).' At the time of the lease, the plaintiff had already been living on the premises for several months in a mobile home on a month-to-month basis, at a monthly rental of $15.00. It is described by the plaintiff as 'a place set up for mobile homes.' The plaintiff contemplated opening an open-air curb market but could not afford to make necessary...
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Dibble v. Sumter Ice and Fuel Co.
...are in disagreement as to the facts, this court may find the facts in accordance with its view of the evidence. Price v. Derrick, 262 S.C. 341, 204 S.E.2d 389 (1974). Relative to the issue of actual damages, our review of the cases from this and other jurisdictions convinces us that the spe......
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Nienow v. Nienow
...province of this Court to consider the evidence and make findings upon our view of the preponderance of the evidence. Price v. Derrick, 262 S.C. 341, 204 S.E.2d 389 (1974). However, we are not required to disregard findings of the lower courts. Allbritton v. Allbritton, 260 S.C. 61, 194 S.E......
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Skull Creek Club Ltd. Partnership v. Cook and Book, Inc.
...duty of the court in construing a lease is to determine the intention of the parties at the time the lease was made. Price v. Derrick, 262 S.C. 341, 204 S.E.2d 389 (1974). In arriving at the intention of the parties, the lease must be construed as a whole and different provisions dealing wi......
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Eagles v. South Carolina Nat. Bank
...where the probate court and the circuit court, as here, have disagreed on the material issues in the case. See Price v. Derrick, 262 S.C. 341, 204 S.E.2d 389 (1974) (where master and circuit court disagree in an equity case regarding material issues in the case, the Supreme Court may make f......