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COLLINS MUSIC CO. INC. v. FMW CORP.

No. 25703.

355 S.C. 446 (2003)

586 S.E.2d 128

COLLINS MUSIC CO., INC., Respondent/Appellant, v. FMW CORPORATION, Bob Finney, F.M. Witt, James R. Munn and Farmers and Merchants Bank, Defendants, of whom James R. Munn is the Appellant/Respondent.

Supreme Court of South Carolina.

Decided August 25, 2003.

Attorney(s) appearing for the Case

M.M. Weinberg, Jr., and M.M. Weinberg, III, of Weinberg, Brown, and Curtis, both of Sumter, for Appellant-Respondent.

David Wesley Whittington, of Charleston; Desa A. Ballard, of West Columbia, and Philip Lacy, of Columbia, for Respondents-Appellant.

Chief Justice TOAL.

This case involves a cross appeal of the trial judge's grant of a judgment notwithstanding the verdict in favor of Collins Music Company ("Collins") because the Appellant/Respondent, James R. Munn ("Munn"), could not prove actual compensable damages in his claim of fraud.

FACTUAL/PROCEDURAL BACKGROUND

In February of 1987, FMW Corporation ("FMW") issued a note and mortgage to Collins in the principal sum of $50,000. The debt was...

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