Worley v. Greenwood Mfg. Co.
Worley v. Greenwood Mfg. Co.
Opinion of the Court
For a full, understanding of this case reference should be had to Greenwood Manufacturing Co. v. Worley, 222 S. C. 156, 71 S. E. (2d) 889. The defendant in that action, who is the plaintiff in this, there recovered a substantial money judgment on counterclaim against the present defendant which included, as reference to the citation will show, expenses of the renovation and equipment of a store building, cost of merchandise purchased from others, the value of the personal time and services of himself and his wife, and possibly other elements of damage.
Before trial of the action in which the judgment was recovered on the counterclaim, the present suit was commenced. The complaint is mostly repetition of the allegations which were contained in the counterclaim in the first action with the additional allegation of an altercation between an agent of the Manufacturing Company and the present plaintiff which amounted to a personal assault upon plaintiff, although it is not clear that plaintiff intended to state such a cause of action and it is not discussed in the briefs on appeal. There will be later advertence herein to this additional claim whereby any cause of action arising therefrom will be saved unprejudiced to plaintiff, if he should elect to assert it alone in another action.
Before trial of the first action demurrer was interposed to the complaint in the action in hand upon the ground of the pendency of the first action and it was stipulated by counsel
The result of the judgment under review is so obviously just and proper that examination of the various grounds of it in order to determine which, or whether more than one, of them is more appropriate of application than another, is unnecessary. The established practice is to affirm a judgment on appeal upon any sufficient ground therefor which appears in the record. Section 8 of Rule 4 of this Court. The exceptions therefore need not be considered separately. All of them have received careful attention and are overruled.
Mention is made above of allegations of facts in the complaint which did not appear in the counterclaim, apparently amounting to a personal assault upon the plaintiff by an agent of the defendant, concerning which the following was said in the judgment of the circuit court: βIn addition to the recited allegations of the complaint, there is other matter therein descriptive of the conduct of the defendant, which does not have, however, an essential bearing upon the question under consideration.β Whatever cause of action, if
Affirmed.
Reference
- Full Case Name
- WORLEY v. GREENWOOD MFG. CO.
- Status
- Published