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JACKSON v. RIVER PINES, INC.

21386

276 S.C. 29 (1981)

274 S.E.2d 912

Robert W. JACKSON and Lillie P. Jackson, Appellants, v. RIVER PINES, INC., and C.P. Fishburne, Jr., Coleman G. Poag, James D. Hix, Joseph L. Caudell, Thomas A McKinney, Charles B. Ridley, Sr., T. Hugh Simrill, Jr., and Charles B. Ridley, Jr., as Shareholders in River Pines, Inc.; and C.P. Fishburne Jr., Coleman G. Poag, James D. Hix, Joseph L. Caudell and Thomas A. McKinney as Liquidating Trustees for River Pines, Inc.; and C.P. Fishburne, Jr., individually, Coleman G. Poag, individually, James D. Hix, individually, Joseph L. Caudell individually, Thomas A. McKinney, individually, Charles B. Ridley, Sr., individually, T. Hugh Simrill, Jr., individually Charles B. Ridley Jr., individually, and the above listed individuals, d/b/a River Pines Company, a partnership; and T. Hugh Simrill, Jr., as Trustee and James D. Hix and Joseph L. Caudell as the holders of assets of River Pines, Inc., Respondents.

Supreme Court of South Carolina.

February 3, 1981.

Attorney(s) appearing for the Case

Jack G. Leader, Spencer & Spencer, Rock Hill, for appellants.

Melvin B. McKeown, Jr., Spratt, McKeown & Spratt, York, for respondents.

February 3, 1981.

HARWELL, Justice:

Robert W. and Lillie P. Jackson appeal the order of the trial court sustaining respondents' demurrer to the Jacksons' cause of action for breach of an alleged implied warranty of fitness of land for residential purposes. The trial court ruled that no cause was stated since no such implied warranty attaches in South Carolina. We agree and affirm.

The warranty was said to arise solely by virtue of restrictive covenants...

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