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BOTTS v. TIBBENS

No. COA13-827.

754 S.E.2d 708 (2014)

Elizabeth R. BOTTS, Plaintiff, v. Mark David TIBBENS and Alicia Tibbens, Defendants.

Court of Appeals of North Carolina.

March 4, 2014.

Attorney(s) appearing for the Case

Berman & Associates, Durham, by Gary K. Berman , for plaintiff-appellee.

Cheshire & Parker, Hillsborough, by D. Michael Parker , for defendant-appellant.

STROUD, Judge.

Mark Tibbens ("defendant") appeals from a judgment entered on 7 February 2013 awarding Elizabeth Botts ("plaintiff") $32,331.72 for breach of contract and from an order granting plaintiff's motion for summary judgment on several affirmative defenses raised by defendant. We affirm both the summary judgment order and the judgment.

I. Background

In 2000, defendant purchased a 61.7 acre tract...

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