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BYRN v. WALKER

21245

275 S.C. 83 (1980)

267 S.E.2d 601

Richard BYRN, as Executor of the Estate of Robert B. Byrn, Jr., Respondent, v. Sara Marie WALKER and Bob Capes Realty, of whom Sara Marie Walker is Appellant, and Bob Capes Realty is also a Respondent.

Supreme Court of South Carolina.

June 4, 1980.

Attorney(s) appearing for the Case

Hammond Beale, Columbia, for appellant.

Robert E. Staton, of Quinn & Smith, Columbia, for respondent Byrn.

Ronald G. Bruce, of Lewis, Lewis & Robinson, Columbia, for respondent Bob Capes Realty.

June 4, 1980.

LEWIS, Chief Justice:

Respondent Byrn owned a home on Lake Murray and employed respondent Capes, a realtor, to sell it for him. Appellant purchased the property by making a substantial down payment, assuming an existing note, and giving a second mortgage to respondent Byrn. This action was instituted by Byrn, the seller, to foreclose the second mortgage. Appellant, the purchaser, claiming that the house was not as it was represented to be at...

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