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GOLDSTEIN v. WACHOVIA BANK & TRUST COMPANY

No. 101.

86 S.E.2d 84 (1955)

241 N.C. 583

Isadore GOLDSTEIN and wife, Ida S. Goldstein, v. WACHOVIA BANK & TRUST COMPANY, a corporation, and Marion Green Johnston, as Executors and Trustees under the Last Will and Testament of Gay Green, Deceased.

Supreme Court of North Carolina.

March 9, 1955.

Attorney(s) appearing for the Case

William J. Cocke, Charles N. Malone, James S. Howell, Asheville, for plaintiffs, appellants.

Wright & Shuford and Don C. Young, Asheville, for defendants, appellees.

DENNY, Justice.

The sole question presented on this appeal is whether or not the court below committed error in sustaining the demurrer ore tenus to the plaintiffs' complaint.

Ordinarily, where the owner of land makes an enforceable contract to convey the land and the title to the property proves defective in some particular, or his estate is different from that which he agreed to convey, the vendee, at his...

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