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BALMER v. NASH

No. 8214SC1277.

309 S.E.2d 518 (1983)

Norman L. BALMER and wife, Carolyn A. Balmer v. Michael L. NASH and wife, Arlene M. Nash.

Court of Appeals of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

J. Kirk Osborn, Chapel Hill, for plaintiffs-appellants.

Spears, Barnes, Baker & Hoof, by Alexander H. Barnes, Durham, for defendants-appellees.

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in denying their claim for breach of an implied warranty. They rely on the language of Hinson v. Jefferson, 287 N.C. 422, 215 S.E.2d 102 (1975), in which the court stated:

[W]here a grantor conveys land subject to restrictive covenants that limit its use to the construction of...

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