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RAWLS & ASSOCIATES v. HURST

No. COA00-567.

550 S.E.2d 219 (2001)

RAWLS & ASSOCIATES, a North Carolina General Partnership, Plaintiff-Appellee, v. Alice W. HURST and Billy A. Hurst, Defendants-Appellants.

Court of Appeals of North Carolina.

June 19, 2001.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Donald S. Higley, II and Ryal W. Tayloe, Wilmington, for Plaintiff-Appellee Rawls & Associates.

Lee E. Knott, Jr., Washington, DC, for Defendants-Appellants.

BRYANT, Judge.

Mr. and Mrs. Hurst appeal the trial court's denial of their motion for summary judgment. We conclude the trial court committed no error.

Mr. and Mrs. Hurst own a tract of land in Chocowinity, North Carolina (the Property). On 9 October 1996 the Hursts agreed to sell two lots (Out Parcels) and to lease a portion of the property (Tract 2) to Rawls for a forty-year term. The contract, as set out in a "Letter of Intent", contained several conditions...

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