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CARROLL MOTORS, INC. v. PURCELL

21069

273 S.C. 745 (1979)

259 S.E.2d 604

CARROLL MOTORS, INC., Respondent, v. Jack PURCELL, Tate's Auto Sales, Inc., Nathan Blackman, d/b/a Fayetteville Auto Auction, Hugh Franklin Deans and Luther Ravon Deans, of whom Jack Purcell is Appellant.

Supreme Court of South Carolina.

October 24, 1979.

Attorney(s) appearing for the Case

Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for Appellant.

H.E. McCaskill, Conway, for Respondent.

October 24, 1979.

RHODES, Justice:

This is an appeal from a directed verdict in favor of Carroll Motors, Inc. (plaintiff-respondent) in a claim and delivery action involving a 1972 Mark IV Lincoln purchased from it by Jack Purcell (defendant-appellant). Appellant alleged in his answer, as an affirmative defense and counterclaim, a cause of action for fraud and deceit based on misrepresentation of the automobile's actual mileage. We reverse.

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