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GILBERT v. THOMAS

No. 828SC967.

307 S.E.2d 853 (1983)

Robert H. GILBERT v. Joe Q. THOMAS, Jr.

Court of Appeals of North Carolina.

October 18, 1983.

Attorney(s) appearing for the Case

Wallace, Barwick, Landis, Rodgman & Bower, P.A. by P.C. Barwick, Jr. and Joseph S. Bower, Kinston, for plaintiff-appellant.

White, Allen, Hooten, Hodges & Hines, P.A. by Thomas J. White and John R. Hooten, Kinston, for defendant-appellee.

BECTON, Judge.

I

On 24 March 1979, plaintiff Robert H. Gilbert, made the high bid to purchase the J.W. Gates Farm at an auction conducted by Barrow-Kennedy Auction Company (Barrow-Kennedy). Barrow-Kennedy acted as selling agent for the true owners, Gates' heirs. Originally the farm had been offered at auction as nine separate tracts, identified as such on the Barrow-Kennedy sales map. Barrow-Kennedy next offered to sell the farm in groups of two or three...

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