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WILKINSON v. SRW/CARY ASSOCIATES

No. 9210SC1126.

437 S.E.2d 3 (1993)

112 N.C. App. 846

Gladys M. WILKINSON, Plaintiff v. SRW/CARY ASSOCIATES, a North Carolina General Partnership, and Timothy R. Smith, and wife, Rosemary P. Smith, and Julian W. Rawl and wife, Barbara Rawl, Defendants.

Court of Appeals of North Carolina.

December 7, 1993.

Attorney(s) appearing for the Case

Pinna, Johnston, O'Donaghue & Burwell, P.A. by Roderick W. O'Donaghue, Jr., Raleigh, for plaintiff-appellee.

David S. Morris, Cary, for defendant-appellants.

MARTIN, Judge.

On 20 March 1987 plaintiff agreed to convey approximately 155 acres of unimproved real property to defendant partnership SRW/ Cary Associates in exchange for ten parcels of improved real property, $50,000 in cash, and an unsecured promissory note in the principal sum of $100,000. The promissory note provided on its face that it was given for the balance of the purchase price of a parcel of real property and was guaranteed by defendants Timothy R. Smith...

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