BRYSON v. ARCADIAN SHORES, INC.

21018

273 S.C. 471 (1979)

257 S.E.2d 233

Edwin C. BRYSON, Sr., as Trustee in Bankruptcy of George W. Kane, Inc., Plaintiff-Respondent, v. ARCADIAN SHORES, INC., Wachovia Realty Investments, an unincorporated business trust, Star Electric Co., Inc., Segar Waterproofing, Inc., Westinghouse Electric Corp., Shields, Inc., Carolina Marble and Tile Co., Towne Paving Co., Inc., Callendar Flooring Company, Inc., Herring Decorating, Inc., PPG Industries, Inc., of whom all are also Respondents, except Arcadian Shores, Inc., Defendant-Appellant. WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff-Respondent, v. OCEAN LAKES INVESTMENT COMPANY, INC., Arcadian Shores, Inc., and George W. Kane, Inc., of whom Ocean Lakes Investment Company, Inc., and George W. Kane, Inc., are also Respondents and Arcadian Shores, Inc., Defendant-Appellant. SEGAR WATERPROOFING, INC., a North Carolina Corporation, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, George W. Kane, Inc., a North Carolina Corporation, and Wachovia Realty Investments, an unincorporated business trust, of whom George W. Kane, Inc., and Wachovia Realty Investments are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant. STARR ELECTRIC COMPANY, INC., a North Carolina Corporation, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, and George W. Kane, Inc., a North Carolina Corporation, of whom George W. Kane, Inc. is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. TOWNE PAVING, INC., Plaintiff-Respondent, v. ARCADIAN SHORES, INC., George W. Kane, Inc., and Wachovia Realty Investments, of whom George W. Kane, Inc., and Wachovia Investments are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant. CAROLINA MARBLE & TILE COMPANY, Plaintiff-Respondent, v. GEORGE W. KANE, INC., and Arcadian Shores, Inc., of whom George W. Kane, Inc., is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. SHIELDS, INC., Plaintiff-Respondent, v. GEORGE W. KANE, INC., and Arcadian Shores, Inc., of whom George W. Kane, Inc., is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. CALLENDAR FLOORING CO., INC., Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, George W. Kane, Inc., and Wachovia Realty Investments, an unincorporated business trust, of whom George W. Kane, Inc. and Wachovia Realty Investments are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant. HERRING DECORATING, INC., Plaintiff-Respondent, v. GEORGE W. KANE, INC., and Arcadian Shores, Inc., of whom George W. Kane, Inc., is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. PGG INDUSTRIES, INC., a Pennsylvania Corporation, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., a South Carolina Corporation, and Wachovia Realty Investments, an unincorporated business trust, of whom Wachovia Realty Investments is also a Respondent, and Arcadian Shores, Inc., Defendant-Appellant. W. Crutcher ROSS, Plaintiff-Respondent, v. ARCADIAN SHORES, INC., Wachovia Realty Investments, an unincorporated business trust, Edwin C. Bryson, Sr., as Trustee in Bankruptcy of George W. Kane, Inc., Starr Electric Company, Inc., Segar Waterproofing, Inc., Westinghouse Electric Corporation, Shields, Inc., Carolina Marble & Tile Company, Towne Paving Co., Inc., Callendar Flooring Co., Inc., Herring Decorating, Inc., and PPG Industries, Inc., of whom Wachovia Realty Investments, Edwin C. Bryson, Sr., as Trustee in Bankruptcy of George W. Kane, Inc., Starr Electric Company, Inc., Segar Waterproofing, Inc., Westinghouse Electric Corporation, Shields, Inc., Carolina Marble & Tile Company, Towne Paving Co., Inc., Callendar Flooring Co., Inc., Herring Decorating, Inc., and PPG Industries, Inc., are also Respondents, and Arcadian Shores, Inc., Defendant-Appellant.

Supreme Court of South Carolina.

August 1, 1979.


Attorney(s) appearing for the Case

Claude M. Scarborough, Jr., and Stephen G. Morrison, of Nelson, Mullins, Grier & Scarborough, Columbia, for appellant.

Glenn Bowers, of Nexson, Pruet, Jacobs & Pollard, Columbia, for respondent, Westinghouse Electric Corporation.

Richard E. Lester, of Van-Osdell & Lester, Myrtle Beach, for respondents, Starr Electric Company, Inc., Segar Waterproofing, Inc., and Callendar Flooring Co., Inc.

David B. Gravely, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for respondents, Shields, Inc., Carolina Marble and Tile Co., Inc., Towne Paving Co., Inc., and Herring Decorating, Inc.

J. Stanton Cross, Jr., Conway, for respondent, W. Crutcher Ross.

Richard M. Lovelace, Jr., Conway, for respondent, Edwin C. Bryson, Sr., as Trustee of George W. Kane, Inc.

R.W. Dibble, Jr., of McNair, Konduros, Corley, Singletary & Dibble, Columbia, for respondent, Wachovia Realty Investments.

W. Samuel Woodard, of Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., for respondent, W. Crutcher Ross.

Singleton & Singleton, Myrtle Beach, for respondent, PPG Industries.


August 1, 1979.

NESS, Justice:

This is a consolidated mechanics lien foreclosure action involving construction of the Myrtle Beach Hilton. The findings of fact by the special referee were concurred in by the trial court. We affirm.

George W. Kane, Inc., now bankrupt, was the general contractor for the Myrtle Beach Hilton. Edwin C. Bryson, the respondent, is Kane's trustee in bankruptcy. Kane, various subcontractors...

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