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CROWDER CONST. CO. v. KISER

No. COA98-949.

517 S.E.2d 178 (1999)

CROWDER CONSTRUCTION COMPANY v. Eugene P. KISER.

Court of Appeals of North Carolina.

July 20, 1999.

Attorney(s) appearing for the Case

Kennedy Covington Lobdell & Hickman, LLP, by Russell F. Sizemore and William C. Livingston, Charlotte, for plaintiff-appellee.

Rayburn, Moon & Smith, P.A., by C. Richard Rayburn, Jr., James B. Gatehouse, and Robert A. Cox, Jr., Charlotte, for defendant-appellant.

HORTON, Judge.

Kiser contends that the trial court erred in granting summary judgment for the Company because (I) there were genuine issues of material fact as to whether plaintiff correctly determined the "adjusted book value" of Kiser's stock as required by the 1991 Agreement; (II) enforcement of the 1991 Agreement would be "unconscionable under the circumstances"; and (III) there are genuine issues of material fact as to equitable defenses to specific performance...

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