Burris Chemical, Inc. v. Daniel Construction Co.

Littlejohn, Justice:

The defendant, Daniel Construction Company, contracted with the plaintiff, Burris Chemical, Inc., to build an industrial plant for Burris in York County, South Carolina. Upon completion of the building a dispute arose as to the consideration to be paid by the chemical company and received by the construction company. The chemical company instituted this action in Colleton County, South Carolina, for a declaratory judgment to adjust the rights of the parties.

The commencement of the action was by service of the summons and complaint on an employee, R. L. Anderson, at the…