Thursday, January 12, 2006

S.C. Court of Appeals issues election of remedies opinion

In Tomlinson v. Mixon, the Tomlinsons recovered damages on claims of breach of contract and negligent misrepresentation. The recoveries were based on the same set of facts. The Court of Appeals held that to avoid a double recovery, the Tomlinsons should elect on remand which one of the two claims they wish to recover their damages upon.

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