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SHIPTON v. BARFIELD

No. 7418SC622.

208 S.E.2d 210 (1974)

23 N.C. App. 58

Clarence O. SHIPTON and Doris L. Shipton v. William J. BARFIELD et al.

Court of Appeals of North Carolina.

Certiorari Denied November 8, 1974.

Attorney(s) appearing for the Case

Smith, Carrington, Patterson, Follin & Curtis by Marion G. Follin, III, Greensboro, for plaintiffs appellants.

McLendon, Brim, Brooks, Pierce & Daniels by G. Neil Daniels, Greensboro, for defendant appellee.

Certiorari Denied by Supreme Court November 8, 1974.

CAMPBELL, Judge.

The plaintiffs contend that the trial court erred in granting the defendant Starmount's motion to dismiss under Rule 12(b)(6) because Starmount Company was legally obligated to enforce the covenants in the deed to the Barfields' predecessors and to seek reformation of covenants alleged to have been entered into by mutual mistake.

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