Townes Associates, Ltd. v. City of Greenville, No. 20155

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLITTLEJOHN; LEWIS, C.J., NESS and GREGORY, JJ., and JOSEPH R. MOSS
Citation266 S.C. 81,221 S.E.2d 773
Docket NumberNo. 20155
Decision Date22 January 1976
PartiesTOWNES ASSOCIATES, LTD., Respondent, v. The CITY OF GREENVILLE, South Carolina, Appellant.

Page 773

221 S.E.2d 773
266 S.C. 81
TOWNES ASSOCIATES, LTD., Respondent,
v.
The CITY OF GREENVILLE, South Carolina, Appellant.
No. 20155.
Supreme Court of South Carolina.
Jan. 22, 1976.

Page 774

[266 S.C. 83] Robert O. Conoley, Greenville, for appellant.

Charles W. Marchbanks, Greenville, for respondent.

[266 S.C. 84] LITTLEJOHN, Justice:

Townes Associates, Ltd. (plaintiff) brought two separate actions against the City of Greenville (City), alleging that fees were owed it for architectural services on two separate construction projects. From rulings of the lower court in favor of the

Page 775

plaintiff in each action, the City has appealed.

Plaintiff alleged in the first action that fees were owed it for architectural work on a pedestrian mall on Coffee Street, pursuant to a written contract with the City which provided for an architect fee totaling 5.45% Of the lowest construction bid. In its answer, the City admitted the written contract, but denied that the same had been breached by the City.

In the second action, plaintiff alleged that it had performed services for the City under an implied contract in connection with a parking garage on Spring Street and was entitled to recover the value of its services. The City denied that there was an implied contract for the plaintiff to provide services in connection with this Spring Street garage project.

The actions were consolidated for trial and referred to the master. Both are actions at law.

The master made findings of fact and conclusions of law to the effect that the City had wrongfully breached its written[266 S.C. 85] contract with plaintiff on the Coffee Street Mall project, and that the plaintiff was entitled to the fee provided in the contract, as if no termination had taken place. With regard to the Spring Street project, the master found that the City, through its City Manager, had employed plaintiff to perform services, and that plaintiff was entitled to recover the reasonable value of its services under a Quantum meruit theory.

The circuit judge concurred in the findings of the master, except to modify the master's conclusion that plaintiff was entitled to recover the total fee provided in the written contract, as if no termination had taken place. On this point, the circuit judge concluded that plaintiff was only entitled to 80% Of the fee provided in the written contract. Plaintiff does not challenge this modification of the master's findings and has not appealed.

The City has appealed the lower court's order, alleging as error that the preponderance of the evidence does not support the court's findings. Also in issue is whether the doctrine of estoppel may be applied against a public body (City) acting through one of its officers (City Manager).

An apparent misunderstanding, on the part of the appellate bar, of the jurisdiction of the Supreme Court prompts us to set out the scope of review available upon appeal in civil cases. Article V, § 5 of our Constitution, ratified April 1973, sets forth...

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743 practice notes
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...fact "unless found to be without evidence which reasonably supports the judge's findings." Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976). The South Carolina Rules of Civil Procedure require "[i]n all actions tried upon the facts without a jury or......
  • Sloan v. Greenville County, No. 3704.
    • United States
    • Court of Appeals of South Carolina
    • December 8, 2003
    ...Strickland v. Prudential Ins. Co. of Am., 278 S.C. 82, 85, 292 S.E.2d 301, 303 (1982); Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976); Campbell v. Marion County Hosp. Dist., 354 S.C. 274, 280, 580 S.E.2d 163, 165 (Ct.App.2003). In an action in equity......
  • Columbia Venture, LLC v. Richland Cnty., Appellate Case No. 2013–001067.
    • United States
    • United States State Supreme Court of South Carolina
    • August 12, 2015
    ...appeal unless found to be without evidence which reasonably supports the judge's findings.” Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976). “The judge's findings are equivalent to a jury's findings in a law action.” Id. (citing Chapman v. Allstate In......
  • Floyd v. Floyd, No. 3997.
    • United States
    • United States State Supreme Court of South Carolina
    • June 13, 2005
    ...jurisdiction to find facts in accordance with our view of the preponderance of the evidence. Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 221 S.E.2d 773 (1976); Ingram v. Kasey's Assocs., 340 S.C. 98, 531 S.E.2d 287 (2000). However, we are not required to disregard the findings ......
  • Request a trial to view additional results
743 cases
  • In re Treatment and Care of Luckabaugh, No. 25503.
    • United States
    • United States State Supreme Court of South Carolina
    • July 22, 2002
    ...fact "unless found to be without evidence which reasonably supports the judge's findings." Townes Associates, Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976). The South Carolina Rules of Civil Procedure require "[i]n all actions tried upon the facts without a jury or......
  • Sloan v. Greenville County, No. 3704.
    • United States
    • Court of Appeals of South Carolina
    • December 8, 2003
    ...Strickland v. Prudential Ins. Co. of Am., 278 S.C. 82, 85, 292 S.E.2d 301, 303 (1982); Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976); Campbell v. Marion County Hosp. Dist., 354 S.C. 274, 280, 580 S.E.2d 163, 165 (Ct.App.2003). In an action in equity......
  • Columbia Venture, LLC v. Richland Cnty., Appellate Case No. 2013–001067.
    • United States
    • United States State Supreme Court of South Carolina
    • August 12, 2015
    ...appeal unless found to be without evidence which reasonably supports the judge's findings.” Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976). “The judge's findings are equivalent to a jury's findings in a law action.” Id. (citing Chapman v. Allstate In......
  • Floyd v. Floyd, No. 3997.
    • United States
    • United States State Supreme Court of South Carolina
    • June 13, 2005
    ...jurisdiction to find facts in accordance with our view of the preponderance of the evidence. Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 221 S.E.2d 773 (1976); Ingram v. Kasey's Assocs., 340 S.C. 98, 531 S.E.2d 287 (2000). However, we are not required to disregard the findings ......
  • Request a trial to view additional results

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