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Dysart v. Cummings

North Carolina Court of Appeals

640 S.E.2d 832 (2007)

Relevant factsFree

The Dysarts' (plaintiffs') contract to buy the Cummingses' (defendants') house let them cancel and recoup their deposit if a reasonable repair-cost estimate reached $10,000 within a 14-day inspection window, and after their inspector found significant foundational damage and a structural engineer estimated repairs above that threshold, the Dysarts timely faxed notice of termination within the window; the Cummings then relisted the house and hired their own contractor, who completed the repairs for under $10,000, and refused to return the deposit, prompting the Dysarts' breach-of-contract suit and the trial court's grant of summary judgment in their favor.

IssueFree

Whether a discretionary right provided by a contract must be exercised reasonably and fairly so as to not affect the other party's rights in bad faith.

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