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PRUITT v. MORROW

22486

288 S.C. 298 (1986)

342 S.E.2d 400

Mildred G. PRUITT, Respondent v. Anthony H. MORROW, Maelstrom Properties, Inc., and Westgate Land Trust, Defendants, of which Maelstrom Properties, Inc., is Appellant. Appeal of MAELSTROM PROPERTIES, INC.

Supreme Court of South Carolina.

Decided February 27, 1986.

Attorney(s) appearing for the Case

William M. Grant, Jr., and Robert W. Hassold, Jr., of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant.

James C. Cothran, Jr., of King & Cothran, Spartanburg, for respondent.

Heard Feb. 10, 1986.

Decided Feb. 27, 1986.

CHANDLER, Justice:

After her home began to crack and shift, Mildred G. Pruitt (Pruitt) discovered it had been built over a stump pit capped with fill dirt. She brought actions in (1) fraud, (2) negligence and recklessness and (3) breach of implied warranty against the original subdividers (Maelstrom and Westgate) and the contractor (Morrow). She later dismissed her warranty claim.

The jury returned...

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