Legal Opinion

Jowers v. Dysard Construction Co.

Supreme Court of South Carolina

Decided November 11, 1919No. 10289PublishedCited by 7 opinions

Action by J. M. Powers against Dysard Construction Company. Judgment for plaintiff, and defendant appeals. cite: As to what one is entitled to recover when wrongfully prevented from completing an executory contract: Sedgwick on Damages (9th Ed.), p. 614; 3 Elliott on Contracts, pp. 2138 and 2149; 13 Corpus Juris 796; 8 R. C. E. 511; 58 S. C. 373 (1900); 51 S. C. 143 (1897); 39 S. C. 427. (1893); 33 Ind. 54; 5 Am.

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Action by J. M. Powers against Dysard Construction Company. Judgment for plaintiff, and defendant appeals. cite: As to what one is entitled to recover when wrongfully prevented from completing an executory contract: Sedgwick on Damages (9th Ed.), p. 614; 3 Elliott on Contracts, pp. 2138 and 2149; 13 Corpus Juris 796; 8 R. C. E. 511; 58 S. C. 373 (1900); 51 S. C. 143 (1897); 39 S. C. 427. (1893); 33 Ind. 54; 5 Am. Dec. 177 (1870) ; 83 Ala. 614; 11 So. 60 (1891) ; 7 Hill 61; 42 Am. 38 (1845) ; 150 (Cal.) 769 (1915); 75 N. E. (Mass.) 219; 51 Neb. 700; 71 N. W. 776 (1897); 12 S. W. (Ark.) 201…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

The respondent in his argument on appeal makes the following statement of the facts:

“J. M. Jowers made a contract with the Dysard Construction Company to build certain manholes and flush tanks in the city of Columbia. Dysard Construction Company had a contract with the city of Columbia to build these things and hired Jowers to do certain parts of the work. The contract was in writing and specifically stated the price of the manholes and flush tanks as so much per foot. The testimony showed there were 84. manholes and 173 flush tanks…

2Cited by7 opinions

  1. Robertson v. CeolaSupreme Court of Arkansas · 1973
  2. McMahon v. Bryant Electric Co.Supreme Court of Connecticut · 1936
  3. Leppard v. Central Carolina Telephone Co.Supreme Court of South Carolina · 1944
  4. Stack v. Prudential Insurance Co. of AmericaSupreme Court of South Carolina · 1934
  5. Jones v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1928

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