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HENDRY v. WELLS

Nos. A07A0059, A07A0060.

650 S.E.2d 338 (2007)

HENDRY et al. v. WELLS et al. Wells Real Estate Fund I v. Hendry et al.

Court of Appeals of Georgia.

Reconsideration Denied July 26, 2007.

Attorney(s) appearing for the Case

Vincent T. Gresham, Christopher J. McFadden, Decatur, for appellants.

Anderson, Tate & Carr, Thomas T. Tate, Lawrenceville, Troutman Sanders, James K. Quillian, Merle R. Arnold, III, William M. Droze, Atlanta, for appellees.

ADAMS, Judge.

The Class B limited partners in a real estate investment limited partnership allege that they were duped into investing because sales materials associated with the deal misrepresented what the Partnership Agreement said about how certain proceeds would be distributed between "Class A" and "Class B" partners. But the Class B partners did not attempt to rescind the transaction or sue in tort for fraud. Instead, they allege that for 13 or more years, the...

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