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PURCHASE NURSERY, INC. v. EDGERTON

No. COA01-1364.

568 S.E.2d 904 (2002)

PURCHASE NURSERY, INC., a corporation, Paul Vance and Faye J. Vance, Plaintiffs, v. Wendell H. EDGERTON, Margery A. Edgerton, Loren Buchanan, Nancy G. Buchanan, Robert S. Smithey, Davida B. Smithey, Bingham Real Estate, L.P., a Limited Partnership, Michael Wayne Bingham, and Cindy V. Bingham, Defendants.

Court of Appeals of North Carolina.

September 17, 2002.

Attorney(s) appearing for the Case

Di Santi Watson & Capua, by Frank C. Wilson, III, Boone, for plaintiff-appellant.

Vannoy & Reeves, PLLC, by David Jolly, West Jefferson, for defendants-appellees.

TYSON, Judge.

Purchase Nursery, Inc. ("plaintiff") appeals from an order granting Wendell H. Edgerton, Loren Buchanan, and Robert S. Smithey ("defendants") summary judgment and denying plaintiff's motion for summary judgment. We reverse in part and affirm in part the trial court's order.

I. Facts

Defendants and their spouses purchased 113 acres of real property in Ashe County, North Carolina in 1984 and took title as tenants by the entireties...

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