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O'QUINN v. BEACH ASSOCIATES

20813

272 S.C. 95 (1978)

249 S.E.2d 734

James L. O'QUINN, Corrine S. Johnson, Virginia K. Baird, Bobo Enterprises, Inc., Ross H. Carnes, Jack A. Fallaw, Michael L.M. Jordan, D.C. Peterson, Wilbert Roller, Sr., Davis Smith, for themselves and all others similarly situated, Appellants-Respondents, v. BEACH ASSOCIATES, Respondent-Appellant.

Supreme Court of South Carolina.

November 20, 1978.

Attorney(s) appearing for the Case

James M. Herring, of Corish & Smith, Hilton Head Island, for appellants-respondents.

F. Mikell Harper, of Harper & McDonald, Beaufort, and John L. Creson, of Hull, Towill, Norman, Barrett & Johnson, Augusta, Ga., for respondent-appellant.

A. Hoyt Rowell, III, Charleston, Chairman of S.C. Trial Lawyers Association, amicus curiae.

November 20, 1978.

GREGORY, Justice:

James L. O'Quinn and others entered into individual contracts with Beach Associates for the purchase of condominium units at Hilton Head Island. This class action was brought by O'Quinn to rescind the contracts because of allegedly fraudulent misrepresentations made by Beach Associates in connection with the sale of the condominiums. The lower court held the members of the class were entitled to rescission and the return...

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