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DETTOR v. BHI PROPERTY CO. NO. 101

No. 420A88.

379 S.E.2d 851 (1989)

324 N.C. 518

Douglas P. DETTOR and wife, Elizabeth K. Dettor v. BHI PROPERTY COMPANY NO. 101, a Limited Partnership; and Borum and Associates, Inc., and Marvin L. Borum.

Supreme Court of North Carolina.

June 8, 1989.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith, Greensboro, and John A. Dusenbury, Jr., Asheville, for plaintiffs-appellants.

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Jr., Asheville, for BHI Property Co. No. 101, defendant-appellee.

MARTIN, Justice.

The sole issue for consideration in this land dispute is whether the trial court erred in granting partial summary judgment for defendant BHI Property Company No. 101 (BHI) and ordering reconveyance of a portion of the real estate to plaintiffs. Because we find there to be a genuine issue of material fact as to the intention of the parties, we hold that summary judgment was inappropriate. Accordingly, we...

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