BURNETTE INDUSTRIES v. DANBAR OF WINSTON-SALEM

No. 8521SC888.

341 S.E.2d 754 (1986)

BURNETTE INDUSTRIES, INC. v. DANBAR OF WINSTON-SALEM, INC. and Barbara C. Russell Individually.

Court of Appeals of North Carolina.

April 15, 1986.


Attorney(s) appearing for the Case

Alexander, Wright, Parrish, Hinshaw, Tash and Newton by Robert D. Hinshaw, Winston-Salem, for plaintiff-appellant.

Peebles and Schramm by John J. Schramm, Jr., Winston-Salem, for defendants-appellees.


WEBB, Judge.

The question posed by this appeal is whether the anti-deficiency judgment statute G.S. 45-21.38 prohibits the plaintiff from recovering interest on a purchase money note. We hold that it does so prohibit and affirm the judgment of the superior court.

The plaintiff argues that there is no deficiency because when the lots were reconveyed to it the agreement was that this would be in payment of the entire principal. The plaintiff says that because...

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