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McCLAIN v. WALKER

No. COA96-188.

478 S.E.2d 670 (1996)

Robert A. McCLAIN and Marcia G. Oswald, Plaintiffs, v. Mary K. WALKER, a/k/a Walker Realty Associates, Re/Max Realty Associates, Wilmer C. Waldrop, and Virginia Waldrop, Defendants. Wilmer C. WALDROP and Virginia Waldrop, Third-Party Plaintiffs, v. Mary K. WALKER and Pierre L. Walker, each individually and t/a and d/b/a Re/Max Realty Associates and Walker Realty Associates, Third-Party Defendants.

Court of Appeals of North Carolina.

December 17, 1996.

Attorney(s) appearing for the Case

Chestnutt, Clemmons & Thomas, P.A. by Gary H. Clemmons, New Bern, for plaintiffs-appellants.

Ellis, Hooper, Warlick, Morgan & Henry by John P. Swart, Jacksonville, for defendants-appellees Waldrops.

Sumrell, Sugg, Carmichael & Ashton by Scott C. Hart, New Bern, for defendants-appellees Walkers.

WALKER, Judge.

In April, 1991, Wilmer and Virginia Waldrop (the Waldrops) listed their property for sale with Mary K. Walker (Walker), t/a and d/b/a Re/Max Realty Associates and Walker Realty Associates (Walker Realty). Soon thereafter, Walker brought Robert McClain (McClain), a prospective purchaser, to view the Waldrop property. At that time, Mr. Waldrop pointed out to McClain generally where the boundaries of the property...

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