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Wilcox v. Pioneer Homes, Inc.

254 S.E.2d 214 (1979)

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Wilcox v. Pioneer Homes, Inc.

North Carolina Court of Appeals

254 S.E.2d 214 (1979)

Facts

Pioneer Homes, Inc. (defendant) built a house and contracted to sell it to Bryan and Sue Wilcox (plaintiffs). Pioneer conveyed a warranty deed, including a title free of all encumbrances. The following year, the Wilcoxes reached an agreement to sell the house and underlying real estate. The prospective purchaser conducted a survey and found that the lot was narrower than Pioneer had represented in the deed to the Wilcoxes. As a result, the house was only five feet from the actual lot line, in violation of a municipal ordinance and a restrictive covenant in the subdivision. The Wilcoxes purchased an adjoining strip of land for $1,500 to bring the house into compliance. Then the Wilcoxes sued Pioneer for breach of the warranty against encumbrances. The trial court granted Pioneer summary judgment. The Wilcoxes appealed.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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