Greenville Airport Commission v. United States Fidelity & Guaranty Co.

Legge, Justice.

Appellant, Greenville Airport Commission, was created by Act of the General Assembly of South Carolina approved March 10, 1928, 35 Stat. at Large 1898, which empowered it among other things to establish and maintain aeroplane landing fields in Greenville County. By the act of March 14, 1929, 36 Stat. at Large 857, it was given the power of eminent domain. On October 2, 1950, Peden Construction Company, Inc., having entered into a written contract with appellant whereby it agreed to excavate and move some 666,000 cubic yards of dirt in accordance with plans and specifications…