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2010-UP-146 - 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Unpublished Opinion No. 2010-UP-146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.