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MIDULLA v. HOWARD A. CAIN CO., INC.

No. COA98-527.

515 S.E.2d 244 (1999)

Joseph D. MIDULLA and wife, Cheri Midulla, Plaintiffs, v. HOWARD A. CAIN CO., INC., Defendant.

Court of Appeals of North Carolina.

May 18, 1999.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A. by D. Grier Martin, III and Robert B. McNeill, Charlotte, for plaintiffs-appellees.

Erwin and Bernhardt, P.A. by Fenton T. Erwin, Jr., Charlotte, for defendant-appellant.

TIMMONS-GOODSON, Judge.

General contractor, Howard A. Cain Co., Inc. ("defendant"), appeals from an order granting summary judgment for Joseph D. Midulla and Cheri Midulla (collectively "plaintiffs"). For the reasons stated herein, we affirm the order of the trial court.

Defendant built a large single-family residence. Plaintiffs desired to purchase the house from defendant and communicated their offer using the standard North Carolina Bar Association—...

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