Supreme Court of South Carolina, 1917

Owens v. Atlantic Coast Lumber Corp.

Owens v. Atlantic Coast Lumber Corp.
Supreme Court of South Carolina · Decided July 7, 1917 · Gary
93 S.E. 7; 107 S.C. 425; 1917 S.C. LEXIS 145 (South Eastern Reporter)

Owens v. Atlantic Coast Lumber Corp.

Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

This is an appeal from an order requiring the plaintiff to amend his complaint, by alleging two separate and distinct causes of action, on the ground that it contains two blended causes of action, one for a breach of contract, and the other for a tort.

*426 The plaintiff very properly contended that the complaint contained only one cause of action, and that it was based on tort.

The references in the complaint to the contract were for the purpose of showing the relation between the parties out of which the tort arose.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.