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PLOWDEN v. ATLANTIC STATES CONST. CO.

19981

264 S.C. 139 (1975)

213 S.E.2d 100

R. Lee PLOWDEN and Dale Plowden, Appellants, v. ATLANTIC STATES CONSTRUCTION COMPANY, Respondent.

Supreme Court of South Carolina.

March 27, 1975.

Attorney(s) appearing for the Case

Messrs. Arthur T. Cole and Frank K. Sloan, of Columbia, and Lynwood A. Maddox, of Atlanta, Ga., for Appellants.

Messrs. C. Joseph Roof and Thomas Kemmerlin, Jr., of Columbia, for Respondent.

Messrs. Arthur T. Cole and Frank K. Sloan, of Columbia, and Lynwood A. Maddox of Atlanta, Ga., for Appellants, in Reply.

March 27, 1975.

BRAILSFORD, Justice:

The sole issue on this appeal is whether the circuit court erred in sustaining a demurrer to the complaint upon the ground that the allegations thereof were insufficient to plead fraudulent acts by the defendant accompanying its breach of the contract sued upon; hence, punitive damages are not recoverable. Other grounds of the demurrer were not passed upon by the circuit court and are not at issue here.

The complaint...

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