Curran v. Barefoot

TYSON, Judge.

Robert M. Barefoot, as trustee for the Robert M. Barefoot Revocable Trust, (“defendant”) appeals from judgment entered which ordered defendant to specifically perform a contract to convey real and personal property to Thomas L. Curran and Josephine Curran (collectively “plaintiffs”). Defendant also appeals from order entered denying his Rule 59 motion for a new trial and Rule 60(b) motion for relief from judgment. We affirm in part, reverse in part, and remand.

I. Background

Defendant owns a house (“the lake house”) on Lake Tillery in Mt. Gilead, North Carolina. On 19 November…