Kinsey Construction Co. v. South Carolina Department of Mental Health

Plaintiffs-respondents, Kinsey Construction Company, Inc. (Kinsey) and Reliance Insurance Company (Reliance), instituted separate actions against the South Carolina Department of Mental Health (the Department), seeking recovery for an alleged breach of a building contract. The Department appeals from a lower court’s order overruling their Department’s demurrers to the breach of contract causes of actions. Since the issues involved are identical, the cases were consolidated for purposes of this appeal.

On November 6, 1972 the Department and Phillips Construction Company (Phillips) entered into…