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MODERN HOMES CONSTRUCTION COMPANY v. TRYON BANK AND TRUST COMPANY

No. 286.

147 S.E.2d 386 (1966)

MODERN HOMES CONSTRUCTION COMPANY and Fireman's Fund Insurance Company v. TRYON BANK AND TRUST COMPANY.

Supreme Court of North Carolina.

February 4, 1966.

For Majority Opinion see 147 S.E.2d 37.

LAKE, Justice (dissenting).

I agree with much that is said in the majority opinion, especially with the observations therein concerning the theory of implied or constructive acceptance set forth in Dawson v. National Bank of Greenville, 196 N.C. 134, 144 S.E. 833, and in Dawson v. National Bank of Greenville, 197 N.C. 499, 150 S.E. 38. I cannot agree, however, that the record in this...

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