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ANTHONY v. PADMAR, INC.

1778

307 S.C. 503 (1992)

415 S.E.2d 828

W. E. ANTHONY, Sr., D.L. Cannon, J.T. Craig, W.L. Carpenter, J.A. Flanagan, L.D. Freeman, R.S. Gaddis, J.T. Gressette, T.A. Kingsmore, C.F. McElrath, R.E. McKinnell, N.M. Perrin, R.L. Smith, W.V. Hughes, III, JES Properties Limited, a South Carolina Limited Partnership, Individually and Derivatively on behalf of JES Properties Limited, a South Carolina Limited Partnership, Respondents v. PADMAR, INC., Kenneth R. Padgett, Jr., Fred M. Martin, Horsham Properties Limited and Horsham Properties Limited (BVI), Appellants.

Court of Appeals of South Carolina.

Decided March 2, 1992.

Attorney(s) appearing for the Case

O.G. Calhoun and Jesse C. Belcher, both of Haynsworth, Marion, McKay & Guerard, and Larry D. Estridge, of Wyche, Burgess, Freeman & Parham, Greenville, for appellants.

William H. Thomas, III, of Dobson & Dobson, Greenville, and Paul E. Tinkler, of Wallace & Tinkler, Charleston, for respondents.

Heard Dec. 9, 1991.

Decided Mar. 2, 1992.

CURETON, Judge:

This is an appeal from a trial court order granting partial summary judgment. The case involves the sale of the assets of a limited partnership. Several limited partners challenge the sale claiming the general partners did not have authority to consummate the transaction. The limited partners sued the purchaser and sought rescission of the sale. They...

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