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MacFARLANE v. MANLY

21179

274 S.C. 392 (1980)

264 S.E.2d 838

Jack MacFARLANE and Merle Irene C. MacFarlane, Appellants, Pauline N. MANLY and J. Bonner Manly, Respondents.

Supreme Court of South Carolina.

March 31, 1980.

Attorney(s) appearing for the Case

Timothy G. Quinn and Daniel T. Stacey, Columbia, for appellants.

T. Alexander Beard of Cooper, Bowen, Beard & Smoot, Camden, for respondents.

March 31, 1980.

LITTLEJOHN, Justice:

This action was commenced by Jack MacFarlane and Merle Irene C. MacFarlane (buyers) against Pauline N. Manly and J. Bonner Manly (sellers) for fraud in the sale of a house and lot by reason of failure to disclose termite and water damage. Motion was made by the sellers for summary judgment on the grounds that the buyers "... had knowledge of the alleged defects at the time of purchase...

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