Ned Majors v. Eva Thode

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Ned B. Majors, Appellant,

v.

Eva M. Thode, Respondent.

Appeal from Horry County

J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2010-UP-146

Heard February 9, 2010 – Filed February 23, 2010   

AFFIRMED

John
J. Pringle, Jr. and Shaun C. Blake, of Columbia, for Appellant.

Douglas
M. Zayicek, of Myrtle Beach, for Respondent.

PER
CURIAM:  Ned
B. Majors appeals the dismissal of his complaint for breach of contract and
unjust enrichment, arguing the trial court erred in dismissing his causes of
action because (1) the suit was the result of a sham assignment executed to
circumvent the rule that a corporation cannot be represented by a nonlawyer,
and (2) the contract was illegal and unenforceable.  We affirm the order of the
trial court pursuant to Rule 220(b)(2), SCACR, and the following authorities:  S.C.
Code Ann. § 35-1-1540 (1987) ("No person who has made or engaged in the
performance of any contract in violation of any provision of this chapter or
any rule or order hereunder . . .  may base any suit on the contract."); Majors v.
S.C. Sec.
Comm'n,
373 S.C. 153, 163-64, 644 S.E.2d 710, 716 (2007) (upholding a cease and desist
order finding TLA[1] and Majors in violation of § 35-1-810 for failing to register its investment
contracts); Aaron v. Mahl, 381 S.C. 585, 594, 674 S.E.2d 482, 487 (2009) ("The
doctrine of unclean hands precludes a plaintiff from recovering in equity if he
acted unfairly in a matter that is the subject of the litigation to the prejudice
of the defendant.") (internal quotation omitted); White v. J.M.
Brown Amusement Co.,
360 S.C. 366, 371, 601 S.E.2d 342, 345 (2004) ("When a contract is
originally legal, but performance becomes illegal due to a change in the law,
any subsequent performance is against public policy and the party who has
agreed to perform is excused from doing so."); Jackson v. Bi-Lo
Stores, Inc.,
313 S.C. 272, 276, 437 S.E.2d 168, 170 (Ct. App. 1993) ("It is a well
founded policy of law that no person be permitted to acquire a right of action
from their own unlawful act and one who participates in an unlawful act cannot
recover damages for the consequence of that act.  This rule applies at both law
and in equity . . . .") (internal citations omitted).

AFFIRMED.

PIEPER,
GEATHERS, JJ., and CURETON, A.J., concur.

[1] Majors was the
president and sole shareholder of Tax Lien Agents, Inc. (TLA).  The underlying
contract at issue in this case was among the investment contracts specifically
identified in Majors v. South Carolina Securities Commission.