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TOMLINSON v. MIXON

No. 4070.

367 S.C. 467 (2006)

626 S.E.2d 43

Elwood Porter TOMLINSON and Frances Goins Tomlinson, Respondents, v. Kenneth B. MIXON, d/b/a Pavillion Custom Homes, and All American Homes of NC, LLC, Defendants, Of Whom All American Homes of NC, LLC is, Appellant.

Court of Appeals of South Carolina.

Decided January 9, 2006.

Rehearing Denied February 16, 2006.

Attorney(s) appearing for the Case

Robert W. Buffington, of Columbia, for Appellant.

Eric S. Bland, of Columbia and Ronald L. Richter, Jr., of Charleston, for Respondent.

GOOLSBY, J.:

This case involves claims for negligent misrepresentation and breach of contract. The appellant, All American Homes of NC, LLC, a manufacturer of modular houses, contends the trial court erred in not requiring the respondents, Elwood and Frances Tomlinson, to elect their remedy after the jury returned a verdict in their favor on each claim. We reverse and remand.

The Tomlinsons decided to build a home on Lake Wateree and contacted defendant Kenneth...

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