EWARD v. KALNEN

No. 725SC357.

188 S.E.2d 742 (1972)

14 N.C. App. 619

Melvin A. EWARD v. Theodore R. KALNEN and wife, Thelma B. Kalnen.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

James L. Nelson, Wilmington, for plaintiff appellant.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant appellees.


MALLARD, Chief Judge.

The only question involved on this appeal is whether the plaintiff complied with the terms of the option.

Judge Bone found, upon competent evidence, that on 17 February 1967, before the option expired at midnight on 28 February 1967, the plaintiff and the male defendant met at the office of the male defendant's attorney and the following transpired:

"* * * At that time Mr. Calder showed plaintiff a deed from Elizabeth M. Kalen...

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