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BRYANT v. DON GALLOWAY HOMES, INC.

No. COA00-1076.

556 S.E.2d 597 (2001)

Kenneth G. BRYANT, and Wife Pamela W. Bryant, Plaintiffs-Appellants, v. DON GALLOWAY HOMES, INC., Defendant-Appellee.

Court of Appeals of North Carolina.

December 18, 2001.

Attorney(s) appearing for the Case

Sellers, Hinshaw, Ayers Dortch & Lyons, P.A., by Robert C. Dortch, Jr., Charlotte, for plaintiff-appellant.

Dean & Gibson, L.L.P., by Christopher J. Culp, Charlotte, for defendant-appellee Don Galloway Homes, Inc.

Frost, Brown & Todd LLC, by Kathy Kendrick, Lexington, KY, for defendant-appellee Don Galloway Homes, Inc.

BRYANT, Judge.

On 25 November 1991, defendant completed construction of a residence in Huntersville, North Carolina, and received a certificate of occupancy from the Charlotte/Mecklenburg County Building Standards Department. Defendant used the residence as a model home for a year. In September 1992, Plaintiffs entered into a contract to purchase the residence, and closed on the sale on 4 December 1992.

In February 1994, plaintiffs submitted to defendant a...

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