MATTER OF DEED OF TRUST EXECUTED BY C & M

No. COA95-1052.

472 S.E.2d 341 (1996)

IN the Matter of the FORECLOSURE OF a DEED OF TRUST EXECUTED BY C AND M INVESTMENTS OF HIGH POINT, INC. to Raymond D. Thomas, Trustee recorded in Book 3846 at Page 1446 Guilford County Registry.

Court of Appeals of North Carolina.

July 2, 1996.


Attorney(s) appearing for the Case

Adams Kleemeier Hagan Hannah & Fouts by M. Jay DeVaney and David S. Pokela, Greensboro, for petitioner-appellant.

Elrod Lawing & Sharpless, P.A. by Frederick K. Sharpless, Greensboro, for respondent-appellee.


ARNOLD, Chief Judge.

Petitioner first argues that BSDC had no right to a release of the 28.68 acre tract in October of 1993 because it did not comply with the conditions precedent set forth in the release agreement. We disagree.

The applicable standard of review on appeal where, as here, the trial court sits without a jury, is whether competent evidence exists to support its findings of fact and whether the conclusions reached were proper in light of the findings...

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