CURRAN V. BAREFOOT
183 N.C.App. 331, 645 S.E.2d 187 (2007)
NATURE OF THE CASE: Barefoot (D) appealed a judgment, which ordered D to specifically
perform a contract to convey real and personal property to Curran (P).
FACTS: P and D executed an Offer to Purchase and Contract ('the contract'). D agreed to
convey his lake house to Ps. The contract listed personal property D agreed to convey with
the lake house: (1) '[a]ll furniture, linens, window treatments, appliances, pictures,
towels, flatware, dishes, and all other items currently in the [lake] house' except 'clothes
and personal items;' (2) '[o]ne antique wardrobe located in an upstairs bedroom;' (3) '[o]ne
small table located in [the] downstairs hallway;' and (4) '[a]ll watercraft and accessories.
D refused to close. Ps sued seeking specific performance of the contract. The trial court
ordered specific performance. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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