Jackson v. River Pines, Inc.

Harwell, Justice:

Robert W. and Lillie P. Jackson appeal the order of the trial court sustaining respondents’ demurrer to the Jack-sons’ cause of action for breach of an alleged implied warranty of fitness of land for residential purposes. The trial court ruled that no cause was stated since no such implied warranty attaches in South Carolina. We agree and affirm.

The warranty was said to arise solely by virtue of restrictive covenants placed on a tract of which appellants’ lot is a part, restricting use of the land to residential home development. Appellants allege breach of warranty because…