Opinion

Piedmont Bank and Trust Co. v. Stevenson

  • 79 N.C. App. 236
  • 339 S.E.2d 49
  • 1986 N.C. App. LEXIS 1974
Court
Court of Appeals of North Carolina
Filed
Feb 4, 1986
Status
Published
Author
Hedrick
On the bench
Parker, Becton, Hedrick
Cited by
34 cases

holding that plain and unambiguous contract language controls the interpretation of contracts

How later courts described this case

  • holding that plain and unambiguous contract language controls the interpretation of contracts

Written by the judges who cited it.

The opinion

Chief Judge Hedrick

dissenting.

This case was heard in the Court of Appeals on 23 September 1985. I received the majority opinion authored by Judge Parker and concurred in by Judge Becton on 30 January 1986. My analysis of the majority opinion together with the record in this case compels me to the conclusion that the directed verdict for defendant Shirley Stevenson was proper. The guaranty agreement, bearing no date, in my opinion, clearly and unambiguously obligated defendant to pay only $5,642.67, the amount of the indebtedness written into the agreement. Furthermore, I believe that the evidence that defendant obtained from the bank manager the amount due on all of her husband’s notes and obligations, borrowed that amount of money from the bank, secured that obligation on a second deed of trust on her home and paid all of her husband’s obligations, such evidence being uncontroverted and said facts being admitted by the bank’s manager, is sufficient to discharge defendant from any obligations under the “so-called” guaranty agreement. It is inconceivable to me that the bank is not estopped to collect more from this defendant as a. matter of law.

I vote to affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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