State v. Columbia Railway, Gas & Electric Co.

November 26, 1921. The opinion of the Court was delivered by For all practical purposes this case was tried and determined on demurrer. See 112 S.C. 528;100 S.E., 355. It is enough here to say that it has been decided that the complaint states a cause of action for forfeiture for a breach of condition, and, if the plaintiff has proved its allegations, it is entitled to the judgment sought.

The complaint alleges that the State was, at one time, the owner of the Columbia Canal, and conveyed it away on the condition that the grantees would so complete it; that (112 S.C. 538, 539; 100 S.E., 355),…