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NINE v. HENDERSON

No. 2083.

437 S.E.2d 182 (1993)

Roger NINE, Appellant, v. Rodger A. HENDERSON and Terminix Service Incorporated, Defendants, of whom Rodger A. Henderson is Respondent.

Court of Appeals of South Carolina.

Decided October 25, 1993.

Rehearing Denied December 6, 1993.

Attorney(s) appearing for the Case

Barry H. Johnson, Aiken, for appellant.

Richard L. Pearce, Aiken, for respondent.

GOOLSBY, Judge:

This is an action for breach of warranty and for fraud arising out of the sale of a house found to have termites. Roger Nine, the buyer, appeals the trial court's grant of summary judgment to Rodger A. Henderson, the seller. The dispositive question on appeal, which relates only to his fraud claim,1 concerns whether Nine had a right to rely on Henderson's representation regarding the extent of termite infestation on the...

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