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INGERSOLL v. SMITH

No. COA06-1113.

647 S.E.2d 141 (2007)

Thomas G. INGERSOLL, and wife Barbara D. Ingersoll, Plaintiffs, v. Glenn D. SMITH, and wife Maureen T. Smith, Defendants.

Court of Appeals of North Carolina.

July 17, 2007.

Attorney(s) appearing for the Case

Vincent Law Firm, P.C., by Branch W. Vincent, III, Southern Shores, for plaintiff-appellants.

Dan L. Merrell & Associates, P.C., by James A. Clark, Kitty Hawk, for defendant-appellees.

HUNTER, Judge.

Husband and wife Thomas G. Ingersoll and Barbara D. Ingersoll ("plaintiffs") appeal from an order granting a motion on the pleadings by husband and wife Glenn D. Smith and Maureen T. Smith ("defendants"). After careful review, we affirm.

On 16 January 2004, plaintiffs purchased a house from defendants located on lot 24 of Magnolia Bay in Corolla, North Carolina. The house property included a swimming pool which, because of winter weather, plaintiffs...

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