Corley v. South Carolina State Highway Department

Taylor, Justice.

This appeal from the Court of Common Pleas for Rich-land County arises out of an action for breach of contract and presents the sole question of whether the trial Judge erred in refusing defendant-appellant’s request to charge the jury “that they are not to take into consideration the fact that this building might sink further and further damage might be done, because this is for damages as of now.”

The complaint alleges that in March, 1956, plaintiff executed and delivered to defendant a right-of-way deed which provided that defendant would move a combination store and…