PINEY MOUNTAIN PROP., INC. v. NATIONAL THEATRE SUP. CO.

No. 6928SC193.

166 S.E.2d 840 (1969)

4 N.C. App. 334

PINEY MOUNTAIN PROPERTIES, INC. v. NATIONAL THEATRE SUPPLY COMPANY, a Corporation; Clark C. Totherow and John R. Ingle, Substitute Trustees.

Court of Appeals of North Carolina.

April 30, 1969.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by Herbert Hyde, Bennett, Kelly & Long, by Robert B. Long, Jr., Asheville, for plaintiff appellee.

McGuire, Baley & Wood, by Richard A. Wood, Jr., James T. Rusher, Asheville, Myers, Sedberry & Collie, by Charles T. Myers, Charlotte, for defendant appellant.


BROCK, Judge.

The primary question for determination is whether the note and deed of trust to Florida Capital Corp. was in substitution, within the contemplation of the parties, of the note and deed of trust to Knox Homes Corp.; and whether the note and deed of trust to Goodyear Mortgage Company was in substitution, within the contemplation of the parties, of the notes and deeds of trust to Cameron Brown and Florida Capital Corp. If so, the recitations and provisions...

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