HYDE v. TAYLOR

No. 8328SC1075.

320 S.E.2d 904 (1984)

Wallace N. HYDE, W. Ted Phillips, and J. Ted Jordan v. John R. TAYLOR and Mrs. John R. (Pat J.) Taylor.

Court of Appeals of North Carolina.

October 2, 1984.


Attorney(s) appearing for the Case

Herbert L. Hyde, Asheville, for plaintiffs-appellees.

Lentz, Ball & Kelley by Ervin L. Ball, Jr., Asheville, for defendants-appellants.


WHICHARD, Judge.

Defendants contend the court erred in granting summary judgment for three reasons: (1) the anti-deficiency statutes, G.S. 45-21.36 and 45-21.38, bar plaintiffs' suit on the note; (2) a genuine issue of material fact exists as to whether plaintiffs breached their contract with defendants and thereby discharged defendants' obligation on the note; and (3) defendants' defense and counterclaim for fraud and misrepresentation involve disputed issues of...

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