ODOM v. LITTLE ROCK & I-85 CORP.

No. 7826SC293.

252 S.E.2d 217 (1979)

40 N.C. App. 242

T. LaFontine ODOM, Trustee, Henry C. Rhyne, Individually and as Executor under the Last Will and Testament of Daniel P. Rhyne, Sr., Deceased, and as beneficiary under said instrument, William M. Rhyne and Daniel P. Rhyne, Jr., both Individually and as Beneficiaries under the Last Will and Testament of Daniel P. Rhyne, Sr. v. LITTLE ROCK & I-85 CORPORATION, a corporation, NCNB Mortgage Corporation, a corporation, Edward W. Largen, Trustee, TIM, Inc., a corporation, Trustee, S. Dean Hamrick, Trustee, Southern National Bank of North Carolina, a corporation, and David M. McConnell.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Wade & Carmichael by J. J. Wade, Jr., Charlotte, for plaintiffs-appellants.

Cansler, Lockhart, Parker & Young by Sarah Elizabeth Parker, Charlotte, for defendants-appellees.


ARNOLD, Judge.

Plaintiffs argue that the trial court erred in granting summary judgment for defendants, as there were material issues of fact as to (1) whether NCNB breached the option agreement upon which the closing was based and (2) whether NCNB defrauded plaintiffs at the closing by falsely representing to them that the loan funds were to be used for improvements on the property. As will appear, we have concluded that summary judgment was correctly entered.

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