Columbia, SC (WLTX) -- The South Carolina Supreme Court has ruled that a trial court erred in their judgement in favor of the University of South Carolina Gamecock Club in a fraud case.
Several members of the Gamecock Club had sued claiming that the university went back on a previous contract it had with some of the members.
The Gamecock Club members say the university sent a brochure to high-level members promising premium seating for the men's basketball season, women's basketball season and other events at the Colonial Life Arena when it first opened. The members were to pay $5,000 per seat the first year, and $1,500 per seat in years two through five. After year five, they claim the Gamecock Club offered the seats at face value to retain the premium seats.
According to the suit, the university contacted the members after the fifth year and told them they were required to continue paying the $1,500 per seat fee. Several of the members sued for breach of contract. A trial judge ruled that the brochure did not qualify as a written contract between the Gamecock Club and the members. The members appealed saying the brochure and canceled checks are proof of the agreement.
The SC Supreme Court ruled that the trial court should have heard the Gamecock Club members' claims that they had a verbal contract that covered fees after the initial five year period. The justices sent the case back to the lower court for a final ruling.