PHOENIX LTD. P'SHIP OF RALEIGH v. SIMPSON

No. COA07-1333-2.

688 S.E.2d 717 (2009)

PHOENIX LIMITED PARTNERSHIP OF RALEIGH, Plaintiff, v. Sarah W. SIMPSON, Robert T. Simpson, Edna Jacquelyn Steed Wray, Individually and as Executrix of the Estate of Charles W. Wray, and SHW, LLC, Defendants.

Court of Appeals of North Carolina.

December 22, 2009.


Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Peter J. Marino and Scott A. Miskimon, Raleigh, for plaintiff-appellee.

Thomas W. Steed, Jr., Raleigh, for defendants-appellants.


GEER, Judge.

This litigation arises out of defendants' exercise of an option to sell certain property to plaintiff. The parties did not close on the property by 13 March 2001, the date specified in the contract for closing. Plaintiff subsequently brought suit when defendants declined to close in the fall of 2004. Defendants have appealed from the trial court's order granting partial summary judgment to plaintiff on plaintiff's breach of contract claim and ordering...

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