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HUTCHINS v. HONEYCUTT

No. 7428SC466.

207 S.E.2d 333 (1974)

22 N.C. App. 527

Lee HUTCHINS v. Wilena Goodson HONEYCUTT.

Court of Appeals of North Carolina.

August 7, 1974.

Attorney(s) appearing for the Case

S. Thomas Walton, Asheville, for plaintiff-appellant.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for defendant-appellee.

VAUGHN, Judge.

The only question presented is, as posed by appellant, "Is the plaintiff entitled to specific performance of the agreement entered into by the plaintiff and the defendant?"

The decision to grant or withhold specific performance must be exercised in accordance with settled rules and principles applied to the facts and circumstances of the case being tried. The discretion involved is not left to the...

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