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PALMETTO HOMES, INC. v. BRADLEY

No. 3717.

357 S.C. 485 (2004)

593 S.E.2d 480

PALMETTO HOMES, INC., Appellant, v. Philip BRADLEY, Chad Summerall, B & S masonry, Inc., Bradley and Summerall Masonry, Inc., Respondents.

Court of Appeals of South Carolina.

Decided December 23, 2003.

Withdrawn, Substituted and Re-Filed February 19, 2004.

Rehearing Denied February 29, 2004.

Attorney(s) appearing for the Case

H.W. Pat Paschal, Jr., of Greenville, for Appellant.

John R. Devlin, Jr., Christopher R. Antley, both of Greenville, for Respondents.

HOWARD, J.:

Palmetto Homes, Inc. ("Contractor") sued Philip Bradley, Chad Summerall, B & S Masonry, Inc., Bradley and Summerall Masonry, Inc. (collectively "Subcontractor"), asserting causes of action for breach of contract, breach of contract accompanied by a fraudulent act, breach of warranty, and negligence. In response, Subcontractor pled a previously obtained arbitration award as a bar to Contractor's causes of action, simultaneously moving to confirm the...

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