CALHOUN v. DUNN

No. 7623DC374.

228 S.E.2d 782 (1976)

Blanche W. CALHOUN, Mortgagee, and John S. Willardson, Substitute Trustee v. Ethel E. DUNN, Mortgagor and husband Wesley Dunn.

Court of Appeals of North Carolina.

October 20, 1976.


Attorney(s) appearing for the Case

Moore & Willardson by Larry S. Moore and John S. Willardson, North Wilkesboro, for plaintiff-appellant.

No brief filed for defendants-appellees.


ARNOLD, Judge.

Plaintiff contends that the trial court erred in denying her motion for directed verdict as to defendant's counterclaim for alleged breach of express warranties. Looking at each of the alleged warranties, and viewing the evidence in the light most favorable to defendants, we find the following:

There was evidence by defendants that plaintiff specifically promised that she would remove trash which had accumulated on the property. Defendants testified...

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