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LANDVEST ASSOCIATES v. OWENS

21384

276 S.C. 22 (1981)

274 S.E.2d 433

LANDVEST ASSOCIATES, Respondent, v. Marion B. OWENS, Jr., Appellant, and LANDVEST II, Respondent, v. Marion B. OWENS, Jr., Appellant.

Supreme Court of South Carolina.

January 26, 1981.

Attorney(s) appearing for the Case

Coming B. Gibbs Jr., of Gibbs, Gaillard, Rowell & Tanenbaum, Charleston, for appellant.

Theodore B. Guerard, of Guerard & Applegate, Charleston, for respondents.

January 26, 1981.

LEWIS, Chief Justice:

The respondents initiated these actions to recover for alleged hidden profits on the sale of real estate to their partnership. The sole issue on appeal is whether or not their first cause of action for an accounting under Section 33-41-540, South Carolina Code of Laws (1976) and their second cause of action for fraud as a result of an affirmative misrepresentation are distinct causes of action. The lower court held that...

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