RICE v. WOOD

No. 8721DC1119.

371 S.E.2d 500 (1988)

91 N.C. App. 262

Patricia Baker RICE, Administrator of the Estate of Donald Wilford Rice and Patricia Baker Rice v. Paul Gregory WOOD and Kim Irving Heath, d/b/a C & A Associates.

Court of Appeals of North Carolina.

September 6, 1988.


Attorney(s) appearing for the Case

Legal Aid Soc. of Northwest North Carolina, Inc. by Ellen W. Gerber and Kate Mewhinney, Winston-Salem, for plaintiff-appellees.

Laurel O. Boyles and Joseph G. Gatto, Nelson, Boyles & Niblock, Winston-Salem, for defendant-appellants.


JOHNSON, Judge.

This case appears before this Court for the second time on appeal. In the first trial of this cause in September 1985, the jury found that the agreements entered into by the parties in 1980 constituted a mortgage rather than a sale to the defendants of the plaintiffs' home. The jury awarded damages in the amount of $26,132.00 to the Rices, and defendants appealed.

On appeal, this Court remanded the case to the district court for a new trial...

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