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ROSENTHAL v. PERKINS

No. 7810SC816.

257 S.E.2d 63 (1979)

42 N.C. App. 449

David ROSENTHAL and wife, Yonina Rosenthal v. Dorothy PERKINS, Finley Gallery of Homes, Inc., Richard Goldberg and wife, Jean Goldberg.

Court of Appeals of North Carolina.

July 31, 1979.

Attorney(s) appearing for the Case

Everett, Everett, Creech & Craven by Robinson O. Everett and William A. Creech, Raleigh, for plaintiffs-appellants.

Smith, Anderson, Blount & Mitchell by Samuel G. Thompson, Raleigh, for defendants-appellees Dorothy Perkins and Finley Gallery of Homes, Inc.

Maupin, Taylor & Ellis by Richard C. Titus and Richard M. Lewis, Raleigh, for defendants-appellees Richard Goldberg and wife, Jean Goldberg.

CLARK, Judge.

The plaintiffs in their complaint filed 31 October 1975, alleged three causes of action. The defendants Goldberg in their answer made eight defenses and two cross-claims. Defendants Perkins and Finley, Inc., in their answer made six defenses and a counterclaim. Plaintiffs filed a reply to the counterclaim. All parties agreed on a Proposed Order on Final Pretrial Conference in July 1978, but this Order was not submitted to the trial court because the...

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