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DIXON v. KINSER

No. 8128SC117.

282 S.E.2d 529 (1981)

Isabelle J. DIXON, and her successors in interest, Walter Crane and Sandra Isabelle Hardee, as Co-Executors of the Estate of Isabelle J. Dixon, and Sandra Isabelle Hardee, Individually and husband August M. Hardee, George Patrick Dixon and wife, Mrs. George Patrick (Barbara M.) Dixon, and Michael Dennis Dixon and wife, Dianne S. Dixon, devisees under the Will of Isabelle J. Dixon, Plaintiffs, v. C. Wayne KINSER, Defendant. C. Wayne KINSER, Plaintiff, v. Isabelle J. DIXON (Mrs. George M. Dixon), and her successors in interest, Walter Crane and Sandra Isabelle Hardee, as Co-Executors of the Estate of Isabelle J. Dixon, and Sandra Isabelle Hardee, Individually, and husband, August M. Hardee, George Patrick Dixon and wife, Mrs. George Patrick (Barbara M.) Dixon, and Michael Dennis Dixon and wife, Dianne S. Dixon, devisees under the Will of Isabelle J. Dixon, Defendants.

Court of Appeals of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for Isabelle J. Dixon, et al.

Westall & Baley by J. M. Baley, Jr., Asheville, for C. Wayne Kinser.

BECTON, Judge.

This appeal presents three questions of law: (1) Is the 6 October 1975 paper writing a contract or an option? (2) If it is an option, did Kinser fully comply with the terms of the 6 October 1975 paper writing? (3) If Kinser did not fully comply with the terms of the 6 October 1975 paper writing, was his non-compliance excused by the anticipatory breach of contract by Dixon?

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