CAPE FEAR ELEC. CO. v. STAR NEWS NEWSPAPERS

No. 735DC438.

207 S.E.2d 323 (1974)

22 N.C. App. 519

CAPE FEAR ELECTRIC COMPANY, INC. v. STAR NEWS NEWSPAPERS, INC., Original Defendant, et al., Additional Defendants and Third-Party-Plaintiffs, v. HENRY VON OESEN & ASSOCIATES, INC., Third-Party-Defendants.

Court of Appeals of North Carolina.

Certiorari Denied September 24, 1974.


Attorney(s) appearing for the Case

Poisson, Barnhill, Butler & Martin by M. V. Barnhill, Jr., Wilmington, for plaintiff appellant.

Stevens, McGhee, Aycock, Morgan & Lennon by Ellis L. Aycock, Wilmington, for original defendant appellee.


Certiorari Denied by Supreme Court September 24, 1974.

PARKER, Judge.

Where the language of a contract is plain and unambiguous the court rather than the jury will declare its meaning, Yates v. Brown, 275 N.C. 634, 170 S.E.2d 477, but where the language employed by the parties is ambiguous the jury may be called upon to determine the true intent of the parties from the words employed by them...

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