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FOX v. SOUTHERN APPLIANCES, INC.

No. 279.

141 S.E.2d 929 (1965)

J. G. FOX and wife, Ella C. Fox, v. SOUTHERN APPLIANCES, INC., and C. D. Mitchell.

Supreme Court of North Carolina.

April 28, 1965.

For majority opinion see N.C., 141 S.E.2d 522.

BOBBITT, Justice (concurring).

The parol evidence rule does not apply when it is alleged and shown that the execution of a written instrument was procured by fraud. Stansbury, North Carolina Evidence, Second Edition, § 257. Here, defendant, on the ground of fraud, seeks to rescind the contract in its entirety.

Defendant, in its further answer and defense, alleges...

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