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MONTE ENTERPRISES, INC. v. KAVANAUGH

No. 823SC535.

303 S.E.2d 194 (1983)

MONTE ENTERPRISES, INC. v. F. Patrick KAVANAUGH, Craven Rendering Company, a Corporation, Al Battle, William Best and N.C. Consolidated Hide Company, a Corporation.

Court of Appeals of North Carolina.

June 7, 1983.

Attorney(s) appearing for the Case

Ward, Ward, Willey & Ward by Joshua W. Willey, Jr., New Bern, for plaintiff-appellant.

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr. and John Turner Walston, Goldsboro, for defendants-appellees Al Battle, William Best, and N.C. Consolidated Hide Co.

PHILLIPS, Judge.

In suing the defendants for damage done to the real estate involved, the plaintiff, in substance, made the following allegations:

(1) That it was the holder of a purchase money deed of trust on said property. (2) After said deed of trust and the note it secured was in default and while the foreclosure sale was being advertised, the defendants committed certain wasteful acts which damaged...

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