STARLING v. SPROLES

No. 835DC179.

318 S.E.2d 94 (1984)

William B. STARLING, Jr. and wife, Patricia D. Starling v. Walton H. SPROLES and wife, Janice S. Sproles, Harold L. Parker and wife, Joanne S. Parker and Harold L. Parker t/d/b/a Harold Parker Realty Company.

Court of Appeals of North Carolina.

July 17, 1984.


Attorney(s) appearing for the Case

Marshall, Williams, Gorham & Brawley, by Lonnie B. Williams, Wilmington, for defendant appellants.

J.H. Corpening, II, Wilmington, for plaintiff appellees.


JOHNSON, Judge.

The primary issue presented by this appeal is whether the trial court applied the appropriate measure of damages for the breach of a contract to convey real property which included a provision governing the interest rate payable on the assumable loan covering the property. The defendants Parker contend that the contract involved was a simple contract to convey real estate and that the damages, if any, should be awarded under the rule of Lane v....

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