BAREFOOT v. LUMPKIN

No. 7510SC720.

222 S.E.2d 919 (1976)

28 N.C. App. 721

Wesley C. BAREFOOT and wife, Shirley A. Barefoot v. Edith C. LUMPKIN and Charles L. Fulton, Substitute Trustee.

Court of Appeals of North Carolina.

March 17, 1976.


Attorney(s) appearing for the Case

Reynolds & Russell by Dennis P. Myers, Raleigh, for plaintiffs-appellants.

M. Marshall Happer III, Manning, Fulton & Skinner, Raleigh, for defendant-appellee, Edith C. Lumpkin.


VAUGHN, Judge.

Although plaintiffs alleged that they caused a plan to be prepared, that defendant Lumpkin had seen the plan and was aware that plaintiffs intended to develop the property according to that plan, plaintiffs did not plead the existence of a mutually agreeable plan of development. Defendants, in their answer, expressly denied the existence of such a plan. Defendant Lumpkin, in her affidavit filed in support of the motion for summary judgment, reaffirmed...

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