announced rule in South Carolina

2013Parker at 163 , 245 S.E.2d at 906 .

2013Parker at 163 , 245 S.E.2d at 906 .

2008To that end the court announced the rule of statutory interpretation in North Carolina: “[B]enefits under the Act ‘should not be denied by a technical, narrow, and strict construction.’ ” Id. (citing Hollinan v. City of Raleigh, 273 N.C. 240 , 159 S.E.2d 874, 882 (1968)).

1969L. 262 and Dial v. Gardner, 104 S. C. 456, 89 S. E. 396 , this court announced the rule that in case of injuries to leased premises which are in the possession of the tenant the landlord cannot maintain an action for damages for an act which affects merely the possession.

1957In the case of Reliance Varnish Co. v. Mullins Lumber Co., 213 S. C. 84, 48 S. E. (2d) 653, 659 , this Court announced the rule that: “It is well established that ‘an “accord and satisfaction” must contain the elements of contract, and there must be a meeting of the minds.’ Redmond v. Strange, 203 S. C. 35, 26 S. E. (2d) 16 .” In 1 Am.

1957In the case of Reliance Varnish Co. v. Mullins Lumber Co., 213 S. C. 84, 48 S. E. (2d) 653, 659 , this Court announced the rule that: “It is well established that ‘an “accord and satisfaction” must contain the elements of contract, and there must be a meeting of the minds.’ Redmond v. Strange, 203 S. C. 35, 26 S. E. (2d) 16 .” In 1 Am.

1950Concerning the elements of damage in a case of this kind, the court announced this principle in Gordon v. Rothberg, 213 S. C. 492, 50 S. E. (2d) 202, 208 ; “Where, as in this case, the legal rights of the respondent had been invaded, the law presumes that he suffered some actual dam *443 ages, and it was therefore not improper for the trial judge to direct a verdict for such form of damages against the appellants, leaving the amount thereof to be determined by the jury.” And the court further stated in the above-cited case that the issue of punitive damages should be submitted to the jury wher

1929As former Circuit Judge Benet, acting Associate Justice in the case of Norris v. Clinkscales , 47 S.C. 488 , 25 S.E., 797 , 801 , observes: "And the appeal will lie, not because of any so-called `abuse of discretion,' — a phrase unhappily framed, because implying a bad motive or wrong purpose — but because his ruling may appear to have been made on grounds and for reasons clearly untenable.

1929As former Circuit Judge Benet, acting Associate Justice in the case of Norris v. Clinkscales , 47 S.C. 488 , 25 S.E., 797 , 801 , observes: "And the appeal will lie, not because of any so-called `abuse of discretion,' — a phrase unhappily framed, because implying a bad motive or wrong purpose — but because his ruling may appear to have been made on grounds and for reasons clearly untenable.

1907The Court, in that case, quoted with approval, the following from section 86 of Pomeroy's Code Remedies: "The equitable issues may be trial first and the legal issues afterwards, or the order may be reversed, as the nature of the case and the relations of the issues seem to require." It is true, the Court announced the principle in the case of Bank v. Peterkin , 52 S.C. 236 , 29 S.E., 546 , that the proper practice, when the answer raises an issue of title, in an action to foreclose a mortgage on land, is to order the cause transferred to calendar 1, in order that the issue of title may be tri

1907The Court, in that case, quoted with approval, the following from section 86 of Pomeroy's Code Remedies: "The equitable issues may be trial first and the legal issues afterwards, or the order may be reversed, as the nature of the case and the relations of the issues seem to require." It is true, the Court announced the principle in the case of Bank v. Peterkin , 52 S.C. 236 , 29 S.E., 546 , that the proper practice, when the answer raises an issue of title, in an action to foreclose a mortgage on land, is to order the cause transferred to calendar 1, in order that the issue of title may be tri