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NASH v. YOUNT

No. 7723SC405.

242 S.E.2d 398 (1978)

35 N.C. App. 661

Edmund Strudwick NASH, trading and doing business as Nash Properties, Inc. v. Robert L. YOUNT and William E. Butner, trading and doing business as Wilkes Industrial Park.

Court of Appeals of North Carolina.

Certiorari Denied May 8, 1978.

Attorney(s) appearing for the Case

McElwee, Hall & McElwee by William H. McElwee, III, North Wilkesboro, for plaintiff-appellee.

William E. Butner and J. Richardson Rudisill, Jr., Hickory, for defendants-appellants.

Certiorari Denied by Supreme Court May 8, 1978.

WEBB, Judge.

We hold that Judge Crissman was correct and the judgment must be affirmed. It seems clear that there is no genuine issue as to the following facts: The plaintiff and defendants entered into a contract under the terms of which the plaintiff was to receive a ten percent commission on property sold. Excluded from the property on which the plaintiff was to receive the commission was "land lying east...

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