Brannock v. Fletcher

Plaintiffs assign as error the dismissal of the action upon defendants’ motion for nonsuit. We, therefore, consider the evidence in the light most favorable to. them. Mills v. Lynch, 259 N.C. 359, 130 S.E. 2d 541.

Plaintiffs, as vendees in an executory contract for the purchase' and sale of a residence from defendants, were' in possession of the property when the contract was signed on 13 November 1961.' The-total purchase price to be paid was $11,400.00. Defendants acknowledged the receipt of $400.00, and plaintiffs agreed to pay the balance in installments of $112.00 “each month hereafter.”…