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BUIE v. JOHNSTON

No. 8018SC1091.

280 S.E.2d 1 (1981)

William T. BUIE and wife, Martha Buie; Bennie Rogers and wife, Jacqueline Rogers; Richard L. Hall, Jr. and wife, Lois Hall; C. Kenneth Wood and wife, Sylvia M. Wood; Ralph Hullender and wife, Geraldine Hullender; Joe Montgomery and wife, Cornelia Montgomery; Bess S. Wampler; and Michael H. Cornette and wife, Linda D. Cornette v. Richard C. JOHNSTON.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Boyan & Loadholt by Clarence C. Boyan, High Point, for plaintiffs-appellants.

No appearance for defendant-appellee.

BECTON, Judge.

By their sole assignment of error, plaintiffs contend that the trial court erred by refusing to grant a mandatory injunction requiring the defendant to remove the existing incomplete foundation. We agree.

We find Ingle v. Stubbins, 240 N.C. 382, 82 S.E.2d 388 (1954), controlling. Ingle was also an action to enjoin a defendant from violating restrictive covenants...

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