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ARNOLD v. HOWARD

No. 7626SC56.

225 S.E.2d 149 (1976)

29 N.C. App. 570

Roy ARNOLD v. Ronald W. HOWARD and Linda H. Howard, Original Defendants, and James F. Clardy, Third-Party Defendant.

Court of Appeals of North Carolina.

June 2, 1976.

Attorney(s) appearing for the Case

Haynes, Baucom, Chandler & Claytor by Lloyd F. Baucom, Charlotte, and McDaniel, Melott and Fogel by L. Bruce McDaniel, Raleigh, for defendants-appellants.

Cansler, Lockhart, Parker & Young, P.A. by Thomas Ashe Lockhart and Joe C. Young, Charlotte, for third-party-defendant-appellee.

ARNOLD, Judge.

In support of his motion for summary judgment Clardy offered the pleadings, including the written contract between Clardy and the Howards, and the deed from the Howards to Clardy, as well as an affidavit of K. Martin Waters. In the affidavit Waters avowed that he was the real estate agent who represented Clardy in the purchase of the property from the Howards, and that Clardy instructed him that he would take the property subject to the two mortgages...

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