Dysart v. Cummings

TYSON, Judge.

William Kent Cummings and wife, Kimberly N. Cummings, (“defendants”) appeal from order entered granting Christian Emerson Dysart and wife, Mildred Maxwell Dysart’s (“plaintiffs”) motion for summary judgment. We affirm.

I. Background

On 26 August 2003, plaintiffs offered to purchase defendants’ home located at 2512 White Oak Road in Raleigh, North Carolina, pursuant to an Offer to Purchase and Contract (the “Contract”). The Contract recited a purchase price of $1,200,500.00 and an earnest money deposit of $10,500.00. The deposit was tendered by plaintiffs with the Contract and…