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WACHOVIA BANK & TRUST COMPANY v. MEDFORD

No. 385.

128 S.E.2d 141 (1962)

258 N.C. 146

WACHOVIA BANK & TRUST COMPANY and Mrs. Ruby M. Wilson, Co-Executors of the Estate of Burke E. Wilson v. Savannah Jones MEDFORD.

Supreme Court of North Carolina.

November 21, 1962.

Attorney(s) appearing for the Case

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by Norwood Robinson, R. M. Stockton, Jr., Winston-Salem, for plaintiffs, appellants.

Blackwell, Blackwell, Canady & Eller, by T. Winfield Blackwell, Jack F. Canady, Winston-Salem, for defendant, appellee.

HIGGINS, Justice.

The plaintiffs make these contentions: (1) The limitation of 30 days was not controlling. (2) Mr. Wilson was entitled to reasonable time thereafter for title examination. (3) The tender of the purchase price and the demand for a deed on September 2, 1960, were within a reasonable time. (4) The defendant was estopped to plead failure to give notice and make tender by participating in an effort to clear up the title.

The defendant, on the other...

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