CARPENTER v. SMITH

No. 7022SC332.

175 S.E.2d 598 (1970)

Henry F. CARPENTER, Claude K. Passmore and wife, Henrietta C. Passmore, Plaintiffs, v. Newby Roger SMITH and Frank L. Sanford, III, Trading as Weather Control Products, Defendants.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

William H. Steed, Thomasville, for plaintiffs-appellees.

Parker & Mazzoli, by Gerald C. Parker, Greensboro, for defendants-appellants.


BROCK, Judge.

It appears that Judge McConnell committed error when he included in the February 1969 judgment the additional provision quoted in the foregoing statement of facts. Clearly the deed of trust did not provide, nor was it intended to provide, that it was security for damages that might be recovered for breach of contract. Therefore, the only lien defendants could claim with the deed of trust arose by virtue of the additional provision of the judgment; clearly...

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