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TANGLEWOOD LAND CO., INC. v. BYRD

No. 7810SC958.

256 S.E.2d 270 (1979)

TANGLEWOOD LAND COMPANY, INC. v. C. L. BYRD and wife, Kathleen N. Byrd.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

Mast, Tew, Nall & Moore by Allen R. Tew, Clayton, for plaintiff-appellant.

Gulley, Barrow & Boxley by Jack P. Gulley, Raleigh, for defendant-appellees.

HEDRICK, Judge.

Defendants contend that the contract is unconscionable and any obligations of the plaintiff illusory because of the following two provisions contained in the agreement:

6. Buyer agrees that in the event of prior sale of said lot(s), this agreement and note shall be cancelled and voided without further liability to either party, except for refund of all payments made hereunder to Buyer, and to accept...

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