THE STATE OF SOUTH CAROLINA
In The Supreme Court


Leo Zabinski and John Brainard, Appellants,

v.

Bright Acres Associates, a South Carolina General Partnership, Henry Massey, and the Estate of John Leutwiler, deceased, individually, and as General Partners,  Respondents,

and

Estate of John Leutwiler, Third-Party Plaintiff,  

v.

John Martin Brainard, Michael Forsyth Brainard, Joanne Foye Brainard, Melanie Brainard, David McLeod Brainard, Allison Christie Brainard, LOM Development, LLC, Wachovia Mortgage Co., HRM, Inc., and Edward Bullard, Third-Party Defendants,

and

Bright Acres Associates, a South Carolina Partnership, Fourth-Party Plaintiff,

v.

J. Ray Westmoreland, Fourth-Party Defendant.  


Appeal From Beaufort County
Thomas Kemmerlin, Jr., Master-in-Equity


Opinion No. 25358
Heard June 19, 2001 - Filed September 4, 2001


AFFIRMED IN PART; REVERSED IN PART;
AND ARBITRATION COMPELLED.