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PICKETT v. RIGSBEE

No. 667.

113 S.E.2d 323 (1960)

252 N.C. 200

Rufus J. PICKETT v. A. M. RIGSBEE and Mrs. Lelia R. Rezner.

Supreme Court of North Carolina.

March 23, 1960.

Attorney(s) appearing for the Case

Basil M. Watkins and Charles B. Nye, Durham, for plaintiff.

Gay, Midyette & Turner, Jackson, and Spears, Spears & Powe, Durham, for defendants.

RODMAN, Justice.

Plaintiff's appeal

The parties agree their rights and obligations are measured and must be determined by the instrument dated 1 June 1937. Is it, as plaintiff contends, an obligation of defendants to pay R. H. Rigsbee's debt to plaintiff, not as distinct items evidenced by the separate notes but as a single debt for which they and R. H. Rigsbee are jointly liable; or is it, as defendants contend, a contract of guaranty by which defendants...

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