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LITVAK v. SMITH

No. COA06-116.

636 S.E.2d 327 (2006)

Eric A. LITVAK and Castle Ventures, LLC, Plaintiffs, v. Katie C. SMITH, Defendant.

Court of Appeals of North Carolina.

November 7, 2006.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Gary J. Rickner, New Bern, for plaintiffs-appellees.

Hefferon & Hefferon, by Thomas J. Hefferon, and Burris MacMillan Pearce & Burris, by Robert N. Burris, Charlotte, for defendant-appellant.

JACKSON, Judge.

On 3 May 2004, Eric A. Litvak and Castle Ventures, LLC ("plaintiffs") and Katie C. Smith ("defendant") executed a contract pursuant to which plaintiffs agreed to purchase from defendant 5.12 acres of vacant land in North Topsail Beach, North Carolina, for a purchase price of $1,500,000.00. The contract provided that closing of the sale and transfer of title would occur on or before sixty days after full execution of the contract. The contract also...

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