Charleston Cabinets, Inc. v. Smith

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Charleston
Cabinets, Inc., Appellant,

v.

Greg Smith, Respondent.

Appeal From Charleston County

 Daniel  F.  Pieper, Circuit Court Judge

Unpublished Opinion No. 2008-UP-050

Submitted January 2, 2008 – Filed January
14, 2008

AFFIRMED

Steven L. Smith, of Charleston, for Appellant

William B. Jung, of Mt. Pleasant, for Respondent.

PER CURIAM:  Charleston
Cabinets brought a breach of contract claim against Greg Smith, and now appeals
the trial court’s finding a binding contract did not exist between the
parties.  We affirm.[1]

A claim for breach of contract is an action at law.  Moore v. Crowley & Assocs., 254 S.C. 170, 172, 174 S.E.2d 340, 341
(1970).  “In an action at law, tried without a jury, the judge’s findings will
not be disturbed unless they are without evidentiary support.”  King v.
PYA/Monarch, Inc., 317 S.C. 385, 388-89, 453 S.E.2d 885, 888 (1995). 
The underlying contract was between Charleston Cabinets and Gary Ezzo; Greg
Smith was not a party to the contract.   The contract’s language is clear and
unambiguous.  See Ellis v. Taylor, 316 S.C. 245, 248, 449 S.E.2d
487, 488 (1994) (“When the language of a contract is plain and capable of legal
construction, that language alone determines the instrument’s force and
effect.”.  Because there is some evidence to support the trial judge’s
findings, we affirm. Rule 220(b), SCACR.

AFFIRMED.

HEARN, C.J.,
KITTREDGE and THOMAS, J.J., concur.

[1]  We decide this case without oral
argument pursuant to Rule 215, SCACR.