Legal Opinion

Spear v. Board of Public Works

Supreme Court of South Carolina

Decided September 29, 1914No. 8957Published

Before SeasE, J., July, 1912, Gaffney. Action by G. W. Spear, as receiver of Greer Filter Manufacturing Company, against Board of Public Works of Gaffney, S. C., and J. H. Lipscomb, D. H. Clary and T. W. Little, constituting the Board of Public Works of Gaffney, 5. C., and Wilkins-Watson Hardware Company. From a judgment in its favor for $1,926.94, the Wilkins-Watson Hardware Company appeals. The facts are stated in the opifiion.

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Before SeasE, J., July, 1912, Gaffney. Action by G. W. Spear, as receiver of Greer Filter Manufacturing Company, against Board of Public Works of Gaffney, S. C., and J. H. Lipscomb, D. H. Clary and T. W. Little, constituting the Board of Public Works of Gaffney, 5. C., and Wilkins-Watson Hardware Company. From a judgment in its favor for $1,926.94, the Wilkins-Watson Hardware Company appeals. The facts are stated in the opifiion. The order and acceptance were as follows: “State of South Carolina, County of Cherokee. To the Board of Public Works, Gaffney, S. C. Gentlemen: You will please pay…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The Board of Public Works of the city of Gaffney was authorized by law to construct a pumping station and filter, to supply that city with pure water. The contract therefor was let to the Greer Filter Manufacturing Co., for some $30,000.00.

At the wind up, the board has now in hand $1,926.94.

That sum was ordered by the Circuit Court to be paid to the Wilkins-Watson Hardware Co.; and to that there is no objection by anybody. But that company demands about $1,000.00 more, that is to say, all told, $2,883.43.

The Wilkins Company supplied…

2Cases cited4 opinions

  1. Trist v. ChildSupreme Court of the United States · 1875
  2. Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906
  3. Greene v. DuncanSupreme Court of South Carolina · 1892
  4. McGahan & Co. v. Lockett, Vaughn & Co.Supreme Court of South Carolina · 1899

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