Boddie-Noell Properties, Inc. v. 42 Magnolia Partnership

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals’ opinion in Boddie-Noell Properties, Inc. v. 42 Magnolia Partnership, 344 S.C. 474, 544 S.E.2d 279 (Ct.App.2000). We affirm as modified.

PROCEDURAL BACKGROUND

Respondent Boddie-Noell Properties, Inc. (BNP) sued petitioner 42 Magnolia Partnership (the Partnership) and Robert Mundy 1 for breach of contract, breach of contract accompanied by fraudulent act, and fraud. At the end of trial, the trial court submitted to the jury the fraud claim against both the Partnership and Mundy and the breach of contract claim against…