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MILLS v. BONIN

No. 737.

80 S.E.2d 365 (1954)

239 N.C. 498

MILLS v. BONIN.

Supreme Court of North Carolina.

February 24, 1954.

Attorney(s) appearing for the Case

Eugene H. Phillips, Winston Salem, for plaintiff, appellee.

Dallace McLennan and John R. Surratt, Winston Salem, for defendant, appellant.

PARKER, Justice.

This is an action between the payee and the maker of the five notes. No rights of third parties are involved. The defendant has pleaded total failure of consideration as a defense. The rule prohibiting the introduction of parol evidence to vary, modify or contradict the terms of a written instrument was not violated by the introduction of evidence by the defendant tending to show a total failure of consideration. Swift & Co. v. Aydlett, 192 N...

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