SHAIKH v. BURWELL

No. 9110SC169.

412 S.E.2d 924 (1992)

105 N.C. App. 291

Fasih A. SHAIKH and wife, Mehboob J. Shaikh, Plaintiffs, v. Walter Brodie BURWELL, Jr., Defendant.

Court of Appeals of North Carolina.

February 4, 1992.


Attorney(s) appearing for the Case

Yeargan, Thompson & Mitchiner by W. Hugh Thompson, Raleigh, for plaintiffs-appellees.

Bailey & Dixon by Gary S. Parsons, Dorothy V. Kibler, and Rodney B. Davis, Raleigh, for defendant-appellant.


WALKER, Judge.

On appeal, defendant contends the trial court erred in denying his motion for summary judgment and in granting plaintiffs' motion for summary judgment. Defendant asserts his motion for summary judgment should have been allowed for two reasons. First, the agreement between defendant and the Lyles allowed defendant to use the proceeds from the sale to discharge the senior BancBoston lien. Second, plaintiffs by their actions ratified the use of the proceeds...

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