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BANK OF N. C. v. INVESTORS TITLE INS. CO.

No. 785SC840.

257 S.E.2d 453 (1979)

42 N.C. App. 616

BANK OF NORTH CAROLINA, N.A. v. INVESTORS TITLE INSURANCE COMPANY v. B. R. DORSETT and wife, Esther C. Dorsett and B. R. Dorsett Construction Company.

Court of Appeals of North Carolina.

August 21, 1979.

Attorney(s) appearing for the Case

Burney, Burney, Barefoot & Bain by Roy C. Bain, Wilmington, for plaintiff-appellee.

Smith & Kendrick by Vaiden P. Kendrick, Wilmington, for defendant-appellant.

ERWIN, Judge.

The defendant presents five questions for our determination: (1) Did the trial court err in failing to find facts and concluding as a matter of law that the release of a deed of trust recorded subsequent to an option, where the property is purchased by the optionee, is not sufficient consideration to support the alleged Substitution of Collateral Agreement? (2) Did the trial court err in denying defendant's motions to dismiss at the close of plaintiff...

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