Young v. McKelvey, No. 22354

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLITTLEJOHN; NESS; NESS
Citation333 S.E.2d 566,286 S.C. 119
PartiesMarshall YOUNG, Respondent, v. Kenneth L. McKELVEY and A. Byrnes Bryant, Jr., as Co-Executors of the Estate of B.C. Inabinet, Jr., deceased, individually and d/b/a The Beach House Golf and Racquet Club, and B.C.I., Inc., Appellants. . Heard
Docket NumberNo. 22354
Decision Date04 June 1985

Page 566

333 S.E.2d 566
286 S.C. 119
Marshall YOUNG, Respondent,
v.
Kenneth L. McKELVEY and A. Byrnes Bryant, Jr., as
Co-Executors of the Estate of B.C. Inabinet, Jr., deceased,
individually and d/b/a The Beach House Golf and Racquet
Club, and B.C.I., Inc., Appellants.
No. 22354.
Supreme Court of South Carolina.
Heard June 4, 1985.
Decided July 22, 1985.

[286 S.C. 120] T. English McCutchen, III, and John R. Holland, of Whaley, McCutchen, Blanton & Rhodes, Columbia, and Kenneth J. Hagreen, Myrtle Beach, for appellants.

David R. Gravely and Judith L. Johnson, of Bellamy, Ruthenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for respondent.

LITTLEJOHN, Chief Justice:

The plaintiff-respondent, Marshall Young, instituted this breach of contract action against his former employer B.C. Inabinet, Jr., d/b/a The Beach House Golf and Racquet Club and B.C.I., Inc., 1 the defendants-appellants, for the failure to pay amounts allegedly due under the terms of an employment contract. After the taking of B.C. Inabinet, Jr.'s deposition, employee moved for summary judgment under our Circuit Court Rule 44 asserting no material issue of fact existed. The trial judge agreed and ordered summary judgment in favor of the employee. The employer contends that summary judgment was improperly granted because genuine issues of material fact existed such that the case should have been submitted to a jury. We agree.

[286 S.C. 121] The employee was hired as Vice-President of Sales for Beach House. The written brief employment contract was drafted in letter form and provided that employee was to receive a weekly draw of $500 plus 2% of real estate sales until that sum equalled a 2 1/2% commission on a consistent basis. Thereafter, he was to receive only

Page 567

the 2 1/2% commission. The method of compensation and insurance benefits were specified in the contract but it was silent as to other requirements of his employment.

On July 2, 1982, a written addendum to the employment contract was executed. It provided that the employment contract could be "... cancelled upon a written, 60 day notification to the other party." The addendum further provided in the event of cancellation "... by either party, all sales commissions, draws and/or overrides that are due and payable to [employee] will be paid on the next regularly scheduled pay period following the closing and booking of said sale."

Employee began work on July 2, 1982, and was fired on July 21, 1982. He claims his employer breached the terms of the contract by failing to give him the 60-day notice as provided in the addendum. The employer admitted the existence of the contract, but alleged employee had breached the agreement by openly engaging in an unbecoming romantic relationship with one of his subordinate female employees. The employer alleged that employee continued this course of conduct despite repeated warnings that it was against company policy and would be cause for termination. Employer submits that the termination was for cause.

It is the duty of the court, on a motion for summary judgment, to determine whether there are genuine issues of fact to be tried, and if there are, the judge must leave those issues for determination by the jury. Eagle Construction Co. v. Richland Construction Co., Inc., 264 S.C. 71, 212 S.E.2d 580 (1975). All inferences from the evidence presented must be viewed in the light most favorable to the non-moving party. For the purpose of this appeal, we must accept as true the assertions that employee wilfully disobeyed his employer's express instruction to not date the female employees. The trial judge did not give proper consideration to the material issue of whether the employee was...

To continue reading

Request your trial
16 practice notes
  • Hughes v. Oconee County, 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...S.E.2d at 408. 4. Employment Contracts "An employment contract may be either for a stated term or at will." Young v. McKelvey, 286 S.C. 119, 123, 333 S.E.2d 566, 568 (1985). "The measure of damages when an employee is wrongfully discharged under a contract for a definite term......
  • Hughes v. Oconee Cnty., 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...at 511, 354 S.E.2d at 408. 4. Employment Contracts An employment contract may be either for a stated term or at will.” Young v. McKelvey, 286 S.C. 119, 123, 333 S.E.2d 566, 568 (1985). The measure of damages when an employee is wrongfully discharged under a contract for a definite term gene......
  • Nucor Corp. v. Bell, C.A. No. 2:06-cv-02972-PMD.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 30, 2007
    ...arid policies and owes an implicit duty of loyalty to his employer to carry out those instructions and policies." Young v. McKelvey, 286 S.C. 119, 122, 333 S.E.2d 566, 567 (S.C.1985); Lowndes Products, Inc. v. Brower, et al., 259 S.C. 322, 191 S.E.2d 761 (S.C.1972) ("It is implici......
  • Stiles v. American General Life Ins. Co., No. 3:96-3241-19.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • March 3, 1998
    ...are unambiguous, and therefore rejected plaintiff's attempt to contradict the plain language by use of parol evidence. Young v. McKelvey, 286 S.C. 119, 333 S.E.2d 566, 567 (1985). The Court further found that defendant complied with the terms of the agreements in terminating 2. The Court ex......
  • Request a trial to view additional results
16 cases
  • Hughes v. Oconee County, 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...at 511, 354 S.E.2d at 408. 4. Employment Contracts "An employment contract may be either for a stated term or at will." Young v. McKelvey, 286 S.C. 119, 123, 333 S.E.2d 566, 568 (1985). "The measure of damages when an employee is wrongfully discharged under a contract for a definite term ge......
  • Hughes v. Oconee Cnty., 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...at 511, 354 S.E.2d at 408. 4. Employment Contracts An employment contract may be either for a stated term or at will.” Young v. McKelvey, 286 S.C. 119, 123, 333 S.E.2d 566, 568 (1985). The measure of damages when an employee is wrongfully discharged under a contract for a definite term gene......
  • Nucor Corp. v. Bell, C.A. No. 2:06-cv-02972-PMD.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 30, 2007
    ...arid policies and owes an implicit duty of loyalty to his employer to carry out those instructions and policies." Young v. McKelvey, 286 S.C. 119, 122, 333 S.E.2d 566, 567 (S.C.1985); Lowndes Products, Inc. v. Brower, et al., 259 S.C. 322, 191 S.E.2d 761 (S.C.1972) ("It is implicit in any c......
  • Stiles v. American General Life Ins. Co., No. 3:96-3241-19.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • March 3, 1998
    ...are unambiguous, and therefore rejected plaintiff's attempt to contradict the plain language by use of parol evidence. Young v. McKelvey, 286 S.C. 119, 333 S.E.2d 566, 567 (1985). The Court further found that defendant complied with the terms of the agreements in terminating 2. The Court ex......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT