DREAMSTREET INVESTMENTS, INC. v. MIDCOUNTRY BANK

No. 15-2104.

842 F.3d 825 (2016)

DREAMSTREET INVESTMENTS, INC., d/b/a DS Builders, a North Carolina Corporation, Plaintiff-Appellant, v. MIDCOUNTRY BANK, a Federal Savings Bank, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2016.


Attorney(s) appearing for the Case

ARGUED: Rachel Marie Stevens , Dreamstreet Investments, Inc., Raleigh, North Carolina, for Appellant. Robert Eli Levin , Haywood, Denny & Miller, L.L.P., Durham, North Carolina, for Appellee. ON BRIEF: Matthew Ivan Van Horn , Law Office of Matthew I. Van Horn, PLLC, Raleigh, North Carolina, for Appellant.

Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Wilkinson and Judge King joined.


This case arises from a "seller holdback" agreement between Dreamstreet Investments, Inc., which was selling a vacant lot for home construction, and MidCountry Bank, which was financing the lot's purchase by a third party. Under the agreement, part of the purchase price owed to Dreamstreet instead would be retained...

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