MacK Manufacturing Co. v. Mass. Bonding & Ins.
Supreme Court of South Carolina
Before Shipp, J., Greenville, November, 1914. Action by Mack Manufacturing Company against Massachusetts Bonding and Insurance Company, and the City of Greenville, of whom the former is appellant. The facts are stated in the opinion. The contract between Bowe &.Page and the city of Green-ville construed in this case was composed of a proposal, the contract, and specifications.
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Before Shipp, J., Greenville, November, 1914. Action by Mack Manufacturing Company against Massachusetts Bonding and Insurance Company, and the City of Greenville, of whom the former is appellant. The facts are stated in the opinion. The contract between Bowe &.Page and the city of Green-ville construed in this case was composed of a proposal, the contract, and specifications. The pertinent portions of said papers are as follows : The proposal: It is dated July 23, 1910.- “The undersigned as bidders, hereby agree' that they will contract with the city of Greenville, S. C„ to furnish all…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
1a. We repeat here what was said in McLendon v. Columbia, 101 S. C. 52, 85 S. E. 234, with reference to the practice of appealing immediately from an order like that in the instant case. It is true, the legality of the practice has been sustained, but the bar ought to promote one trial of a case.
The sole issue made by the appeal is the construction of a paving contract between the city of Greenville and Bowe & Page, together with the construction of a bond contract about the same subject between the city of Greenville and the…
2Cases cited2 opinions
- Carolina National Bank v. City of GreenvilleSupreme Court of South Carolina · 1914
- McLendon v. City of ColumbiaSupreme Court of South Carolina · 1915
3Cited by25 opinions
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929
- Johnson v. American Railway Express Co.Supreme Court of South Carolina · 1931
- S.S. Newell & Co. v. American Mut. Liability Ins.Supreme Court of South Carolina · 1942
- Dominion Culvert & Metal Corp. v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1961
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