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HEARNE v. STATESVILLE LODGE NO. 687

No. COA00-681.

546 S.E.2d 414 (2001)

Jimmy L. HEARNE and wife, Tammy K. Hearne, Plaintiffs, v. STATESVILLE LODGE NO. 687, LOYAL ORDER OF MOOSE, INC. and Gary Smith d/b/a Gary Smith Realty, Defendants.

Court of Appeals of North Carolina.

May 15, 2001.

Attorney(s) appearing for the Case

Eisele, Ashburn, Greene & Chapman, P.A., by Douglas G. Eisele, Statesville, for plaintiff appellants.

Homesley, Jones, Gaines, Homesley & Dudley, by L. Ragan Dudley, Mooresville, for Gary Smith Realty defendant appellee.

McCULLOUGH, Judge.

On 2 September 1999, plaintiff Jimmy Hearne and his wife, Tammy Hearne, filed suit against the Statesville Lodge No. 687, Loyal Order of Moose, Inc. (Statesville), and realtor Gary Smith, alleging that defendants willfully and wantonly misrepresented to plaintiffs that the septic system located on property owned by Statesville and sold to plaintiffs was adequate for plaintiffs' envisioned development purposes. The trial court subsequently granted...

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