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MID-STATE AUTO AUCTION v. ALTMAN

No. 24490.

324 S.C. 65 (1996)

476 S.E.2d 690

MID-STATE AUTO AUCTION OF LEXINGTON, INC., Respondent, v. Carl ALTMAN d/b/a Altman Auto Sales and Western Surety Company, Defendants, of whom Western Surety Company is, Appellant.

Supreme Court of South Carolina.

Decided September 3, 1996.

Attorney(s) appearing for the Case

S. Markey Stubbs, of Baker, Barwick, Ravenel & Bender, L.L.P., Columbia, for appellant.

Henry H. Taylor, Columbia, for respondent.

BURNETT, Justice.

This appeal is from an order granting summary judgment in an action to recover under the terms of a surety bond issued pursuant to S.C.Code Ann. § 56-15-320. We reverse and remand.

FACTS

Carl Altman d/b/a Altman Auto Sales (Altman) was a motor vehicle dealer. As part of the licensing requirements for motor vehicle dealers, Appellant Western Surety Company (Western) and Altman executed a surety bond in the amount of fifteen...

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