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AMERICAN FOODS, INC. v. GOODSON FARMS

No. 805SC638.

275 S.E.2d 184 (1981)

AMERICAN FOODS, INC., Plaintiff, v. GOODSON FARMS, INCORPORATED, and J. Michael Goodson, Defendant.

Court of Appeals of North Carolina.

February 17, 1981.

Attorney(s) appearing for the Case

Murchison, Fox & Newton by Wallace C. Murchison and William R. Shell, Wilmington, for plaintiff-appellee-appellant.

Poisson, Barnhill, Butler & Britt by L. J. Poisson, Jr., Wilmington, for defendants-appellants-appellees.

HILL, Judge.

Defendants contend the trial judge erred in denying their motion for summary judgment and in striking their Third Defense. Defendants cite as support for their contention G.S. 45-21.38, which reads, in pertinent part, as follows,

In all sales of real property by mortgagees... under powers of sale, contained in any mortgage or deed of trust executed after February 6, 1933, ... to secure to the seller the payment of the balance of the purchase...

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