JOHNSON v. BEVERLY-HANKS & ASSOCIATES

No. 90A90.

400 S.E.2d 38 (1991)

328 N.C. 202

Melvin G. JOHNSON and Wife, Audrey Virginia Johnson v. BEVERLY-HANKS & ASSOCIATES, INC., Hill-Gatewood Realty, Inc., James H. Gordon, John R. Kefgen and Wife, Dorothy E. Kefgen, Orkin Exterminating Company, Inc., Thomas W. Sumner, Donald O. Thompson, and Wynelle M. Thompson.

Supreme Court of North Carolina.

February 7, 1991.


Attorney(s) appearing for the Case

David Gantt, Asheville, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice by James R. Morgan, Jr., Winston-Salem, for defendant-appellees Beverly-Hanks & Associates and Wynelle M. Thompson.

Prince, Youngblood, Massagee & Jackson by Boyd B. Massagee, Jr., and Sharon B. Ellis, Hendersonville, for defendant-appellees Donald O. Thompson and Estate of Dorothy E. Kefgen.

Lacy H. Thornburg, Atty. Gen. by James C. Gulick, Sp. Deputy Atty. Gen., and David N. Kirkman, Asst. Atty. Gen., Raleigh, Consumer Protection Section, amicus curiae.


MEYER, Justice.

By this lawsuit, plaintiffs sought compensatory and punitive damages for defendants' alleged fraud, unfair or deceptive acts or practices in or affecting commerce, and civil conspiracy arising in the sale of a house. The claims of alleged civil conspiracy are not before this Court on appeal.

After this Court's review of the record, our appraisal of the facts found in the documents and depositions elicited during discovery and presented in evidence...

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