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WALKER v. WEAVER

No. 745DC118.

209 S.E.2d 537 (1974)

23 N.C. App. 654

David A. WALKER and wife, Patsy B. Walker v. Edward WEAVER, d/b/a Weaver Realty Company, et al.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Poisson, Barnhill, Butler & Martin by Algernon L. Butler, Jr., Wilmington, for plaintiff appellants.

James L. Nelson and James D. Smith, Wilmington, for defendant appellees.

PARKER, Judge.

"It is settled law that where a party agrees to purchase real estate and pays a part of the consideration therefor and then refuses or becomes unable to comply with the terms of his contract, he is not entitled to recover the amount theretofore paid pursuant to its terms." Scott v. Foppe, 247 N.C. 67, 70, 100 S.E.2d 238, 240 (1957). Such is the rule recognized in this and in a

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