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SCHAFER v. BARRIER ISLAND STATION, INC.

No. 90-2017.

946 F.2d 1075 (1991)

John V. SCHAFER, Jr., and wife; Mary Schafer; Thomas Nale, III, and wife; Anna M. Nale; Gene Mentzer, and wife; Ruth Mentzer, Plaintiffs-Appellees, v. BARRIER ISLAND STATION, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1991.

Attorney(s) appearing for the Case

Robert Wilson Freyermuth, Sally Angela Conte, Womble, Carlyle, Sandridge & Rice, Raleigh, N.C., argued (G. Eugene Boyce, on brief), for defendant-appellant.

Louis Hornthal, Hornthal, Riley, Ellis & Maland, Elizabeth City, N.C., argued (John D. Leidy, on brief), for plaintiffs-appellees.

Before WIDENER and NIEMEYER, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

Having purchased three condominiums on the Outer Banks of North Carolina, the plaintiffs demanded that Barrier Island Station, Inc. repurchase the condominiums pursuant to a repurchase agreement that had allegedly been agreed to. Barrier Island refused, contending that a repurchase agreement was never consummated, and this litigation resulted. At trial, the plaintiffs' proof of the agreement consisted of two different versions...

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