American Foods, Inc. v. Goodson Farms, Inc.

HILL, Judge.

Defendants contend the trial judge erred in denying their *595motion for summary judgment and in striking their Third Defense. Defendants cite as support for their contention G. S. 45-21.38, which reads, in pertinent part, as follows,

In all sales of real property by mortgagees ... under powers of sale, contained in any mortgage or deed of trust executed after February 6,1933,... to secure to the seller the payment of the balance of the purchase price of real property, the mortgagee... or holder of the notes secured by such mortgage or deed of.trust shall not be entitled to a…