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BEESON v. McDONALD

No. 8618DC211.

347 S.E.2d 485 (1986)

Bobby R. BEESON v. C. Wayne McDONALD and wife, Karen C. McDonald, and Larry W. Burns and wife, Joyce M. Burns.

Court of Appeals of North Carolina.

September 2, 1986.

Attorney(s) appearing for the Case

Edwards and Stamey by Michael C. Stamey and Billy G. Edwards, Jamestown, for plaintiff-appellee.

Smith Helms Mulliss & Moore by Timothy Peck, Greensboro, for defendants-appellants.

HEDRICK, Chief Judge.

Defendants contend that the trial court erred in ordering defendants to specifically perform the alleged contract for the sale of their land to plaintiff. Defendants do not challenge the trial judge's declaration that plaintiff anticipatorily breached the contract. They do, however, object to the court's ruling "[t]hat said anticipatory breach by Plaintiff was not a material breach of the parties' oral contract for the sale of real property and...

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