DEANS v. LAYTON

No. 877SC923.

366 S.E.2d 560 (1988)

89 N.C. App. 358

Claude E. DEANS and wife, Murveree F. Deans v. Ben J. LAYTON.

Court of Appeals of North Carolina.

April 5, 1988.


Attorney(s) appearing for the Case

Poyner and Spruill by Charles T. Lane, Ernie K. Murray, Rocky Mount, and Susan K. Nichols, Raleigh, for plaintiffs-appellees.

Thomas W. King, Rocky Mount, for defendant-appellant.


PARKER, Judge.

On appeal defendant raises five assignments of error for consideration by this Court: (i) the trial court's denial of defendant's motion to dismiss and entry of summary judgment for plaintiffs where the contract was signed only by Claude E. Deans and the land was owned by plaintiffs as tenants by the entirety; (ii) the trial court's granting of plaintiffs' motion for summary judgment where defendant's affirmative defenses of mutual mistake, misrepresentation...

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