Murphy v. Hagan

(dissenting) :

I would hold that summary judgment on the counterclaim was inappropriate as the pleadings and depositions raise factual issues which must be determined at trial. Hook, as Admrx. v. Rothstein, S. C., 268 S. E. (2d) 288 (1980); South Carolina Farm Bureau v. Scott, S. C., 262 S. E. (2d) 739 (1980).

The majority correctly notes “both parties had their then mutual attorney draw up the agreement in controversy” whereby appellant Murphy agreed to sell respondent his shares in their corporation, Quality Home Builders, Inc. That attorney represented each party individually and served as…