Opinion
Memorandum Opinion No. 2012-MO-029
07-18-2012
Ophthalmology Associates of Charleston, P.A., Respondent, v. Millin C. Budev, M. D., Appellant. Appellate Case No. 2011-187386
Sarah Patrick Spruill of Haynsworth Sinkler Boyd, of Greenville, and Joseph DuRant Thompson, III of Haynsworth Sinkler Boyd, of Charleston, for Appellant. Marvin I. Oberman and Harold Alan Oberman, both of Oberman & Oberman, of Charleston, for Respondent.
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.
Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge
AFFIRMED
Sarah Patrick Spruill of Haynsworth Sinkler Boyd, of Greenville, and Joseph DuRant Thompson, III of Haynsworth Sinkler Boyd, of Charleston, for Appellant.
Marvin I. Oberman and Harold Alan Oberman, both of Oberman & Oberman, of Charleston, for Respondent. PER CURIAM : We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: D.A. Davis Constr. Co. v. Palmetto Props., Inc., 281 S.C. 415, 418, 315 S.E.2d 370, 372 (1984) ("In construing a contract, it is axiomatic that the main concern of the court is to ascertain and give effect to the intention of the parties. It is the court's duty to enforce the contract regardless of its wisdom or folly or apparent unreasonableness."); Sermons v. Caine & Estes Ins. Agency, Inc., 275 S.C. 506, 509, 273 S.E.2d 338, 339 (1980) (finding a two or three year temporal restriction in an employment contract justifiable); Rental Unif. Serv. of Florence, Inc. v. Dudley, 278 S.C. 674, 676, 301 S.E.2d 142, 143 (1983) ("A geographic restriction is generally reasonable if the area covered by the restraint is limited to the territory in which the employee was able, during the term of his employment, to establish contact with his employer's customers."); Tate v. LeMaster, 231 S.C. 429, 441, 99 S.E.2d 39, 45–46 (1957) ("Thus, where the sum stipulated is reasonably intended by the parties as the predetermined measure of compensation for actual damages that might be sustained by reason of nonperformance, the stipulation is for liquidated damages.").