Sumter Dairies, Inc. v. Pelfrey

Rhodes, Justice:

The defendant in this action appeals from the order of the circuit judge granting summary judgment to the plaintiff. Finding that the plaintiff’s claim is a material fact in dispute, we reverse and remand the case.

The plaintiff’s action is based on (1) the alleged indebtedness of one Floyd Bobby Turbeville and Burger Park to the plaintiff, and (2) Turbeville’s sale of Burger Park to the defendant allegedly without complying with the bulk transfer provisions of the Uniform Commercial Code, S. C. Code § 10.6-101 et seq. (1962). Attached to the Notice of Motion for Summary…