O'Dell v. McElmurray

Decided June 22, 1918

Supreme Court of South Carolina · decided 1918-06-22

Before Sease, J., Aiken, Fall term, 1917. Action by C. H. O’Dell against Robert McElmurray and others, as trustees of the Downer Institute. Judgment for plaintiff, and defendants appeal. submit: An employee cannot recover for services actually rendered upon a quantum meruit where he without justification or excuse abandons the contract before the end of the term: 98 S. C. 25; 4th McCord 247; 80 S. C. 80; Wharton on Contracts, sec. 717; 30 Am. St. Rep. 55; 41 Am.

Relies on Daly v. Jefferson Hotel Co.

Affirmed · Decided 1918-06-22

¶1 The opinion of the Court was delivered by

Mr. Justice Watts.

¶2 This is an appeal from a judgment of the Circuit Court where the Circuit Court upon appeal reversed the judgment of the magistrate’s Court and rendered judgment in favor of the plaintiff.

¶3 This Court will not reverse the Circuit Court in its finding of fact, where there is any evidence to sustain that finding. There is plenty of evidence in this case to take it out of the general rule as to not being allowed to sue for a quantum meruit for services actually performed under a contract when he quits the services without justification or excuse before the end of the term of service, as decided in Daly v. Jefferson Hotel Co., 98 S. C. 222, 82 S. E. 412.

¶4 Judgment affirmed.