Rush v. Thompson

Mr. Associate Justice Oxner

delivered the unanimous Opinion of the Court.

This action was commenced on January 14, 1942, by A. N. Rush against J. M. Thompson to recover damages for the alleged fraudulent breach of a contract. About a month later, Thompson instituted an action in equity against Rush for a mutual accounting and the foreclosure of certain mortgages. On a former appeal (203 S. C., 106, 26 S. E. (2d), 411), we held that the trial of “the equity case should be stayed and held in abeyance until the further order of the Court, so as to permit the prior trial and determination of the…