COLLINS v. COMBS

No. 7417SC849.

210 S.E.2d 739 (1975)

24 N.C. App. 450

William F. COLLINS and wife, Leone Collins, Plaintiffs, v. W. T. COMBS, Jr., Trustee, and Virginia-Carolina Builders, Inc., Defendants, and North Carolina National Bank, N.A., Intervenor.

Court of Appeals of North Carolina.

January 15, 1975.


Attorney(s) appearing for the Case

Karl N. Hill, Jr., Greensboro, for plaintiffs.

W. T. Combs, Jr., Eden, for defendant Virginia-Carolina Builders, Inc.

Thomas S. Harrington, Harrington & Stultz, Eden, for intervenor North Carolina National Bank.


BROCK, Chief Judge.

The issues submitted to the jury do not dispose of the crucial issue of which defendant is entitled to recover from the plaintiffs upon the $15,500.00 note. It would seem that this note, secured by the deed of trust, either was given in payment of the contract price of the residence (excepting the separate $400.00 contract for the carport) or was not supported by consideration. Yet the issues submitted and the judgment entered thereon permit the...

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