J. M. S., Inc. v. Theo

Taylor, Chief Justice.

This is an action for damages for an alleged breach of a construction contract. The complaint alleges that plaintiff, a South Carolina Corporation, contracted with defendants to construct a dam on plaintiff’s land in 1954, and as was usual and customary a floodgate was installed in this dam by defendants for the purpose of controlling the level of the water in the lake above such dam. It is futher alleged that an emergency developed in 1956 requiring the floodgate to be opened, however, the floodgate did not operate causing plaintiff to be damaged in the amount of…