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CHILDERS v. PARKER'S, INC.

No. 397.

130 S.E.2d 323 (1963)

259 N.C. 237

Ray A. CHILDERS and wife, Dorothy B. Childers v. PARKER'S, INC.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

White & Crumpler, by James G. White, Leslie G. Frye, and Harrell Powell, Jr., Winston-Salem, for plaintiffs-appellants.

Wm. H. Boyer and W. Scott Buck, Winston-Salem, for defendant-appellee.

RODMAN, Justice.

Plaintiffs' evidence tends to show these facts: They purchased from defendant Lot 58 in Lake Hills Subdivision. The purchase price was $4,000. An agent of defendant made the sale. He was to receive $500 as his commission. He waived his commission. Plaintiffs, to secure funds to make the purchase, executed a note for $3,500 payable in installments to H. Bryce Parker, guardian for George P. Schimmeck. The note recites: "This note is given for a good...

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