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DYSART v. CUMMINGS

No. COA06-645.

640 S.E.2d 832 (2007)

Christian Emerson DYSART and Mildred Maxwell Dysart, Plaintiffs, v. William Kent CUMMINGS and Kimberly N. Cummings, Defendants.

Court of Appeals of North Carolina.

February 20, 2007.

Attorney(s) appearing for the Case

Boyce & Isley, PLLC, by Philip R. Isley, Raleigh, for plaintiffs-appellees.

Bass, Bryant & Fanney, P.L.L.C., by John Walter Bryant and Eva C. Currin, Raleigh, for defendants-appellants.

TYSON, Judge.

William Kent Cummings and wife, Kimberly N. Cummings, ("defendants") appeal from order entered granting Christian Emerson Dysart and wife, Mildred Maxwell Dysart's ("plaintiffs") motion for summary judgment. We affirm.

I. Background

On 26 August 2003, plaintiffs offered to purchase defendants' home located at 2512 White Oak Road in Raleigh, North Carolina, pursuant to an Offer to Purchase and Contract (the "Contract"). The Contract...

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