ACTION DEVELOPMENT CORPORATION v. Woodall

205 S.E.2d 592 (1974)

21 N.C. App. 567

ACTION DEVELOPMENT CORPORATION

v.

Henry D. WOODALL and wife, Evalyn M. Woodall.

No. 731SC784.

Court of Appeals of North Carolina.

June 5, 1974.

Twiford, Abbott & Seawell by O. C. Abbott and John G. Trimpi, Elizabeth City, for plaintiff appellee.

White, Hall, Mullen & Brumsey by Gerald F. White and William Brumsey, III, Elizabeth City, for defendant appellants.

MORRIS, Judge.

Section V of plaintiff's complaint alleges the following:

"In accord with the provisions of the said contract of sale, plaintiff tendered to defendants the down payment and requested a…