Godley Auction Co., Inc. v. Myers

CARLTON, Judge.

Defendant assigns as error the denial of his motions to dismiss pursuant to G.S. 1A-1, Rules 12(b)(6) and 12(b)(7) and the denial of his motion for an order to cancel the notice of lis pendens. He argues, praecipue, that G.S. 1-116 does not authorize the filing of lis pendens in a suit by an auctioneer to recover his commission or to seek specific performance to compel the owner to convey, and that an auctioneer cannot enforce the sale of real property by an action for specific performance against his principal. We are unable to address the merits of defendant’s contentions…