PILKINGTON v. McBRAIN

21152

274 S.C. 312 (1980)

262 S.E.2d 916

Charles Henry PILKINGTON, Appellant, v. Robert D. McBRAIN and Nancy E. McBrain, Respondents.

Supreme Court of South Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

George F. Abernathy, of Odom, Terry, Abernathy & Cantrell, Spartanburg, for appellant.

Joseph M. Fullwood, Lexington, and Jean L. Perrin, Columbia, for respondents.


February 19, 1980.

Per Curiam:

Appellant Charles Henry Pilkington brought this action against respondents Robert D. and Nancy E. McBain alleging fraud and seeks actual and punitive damages. The appeal is from an order sustaining respondent's demurrer to the complaint. We reverse.

On review of an order sustaining a demurrer, we are limited to a consideration of the allegations set forth in the pleading, and such allegations are presumed true...

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