Molony & Carter Co. v. Pennell & Harley, Inc.

The opinion of the Court was delivered by

Mr. Circuit Judge G. B. Greene, Acting Associate Justice.

On June 9, 1928, Pennell & Harley, Inc, the respondent herein, entered into a contract with the South Carolina State Highway Department to construct a part of Plighway No. 20 lying in Anderson County. The contract provided that respondent should “furnish all necessary machinery, equipment, tools, labor and other means of construction and furnish all materials specified in the manner and at the time prescribed,” etc. This contract also set forth: “That in consideration of the payment of the sums…