MEWBORN v. HADDOCK

No. 743DC430.

206 S.E.2d 336 (1974)

22 N.C. App. 285

Marvin B. MEWBORN et al. v. Bruce E. HADDOCK.

Court of Appeals of North Carolina.

Certiorari Denied August 30, 1974.


Attorney(s) appearing for the Case

Frank M. Wooten, Jr., Greenville, for plaintiffs appellants.

James, Hite, Cavendish & Blount by Robert D. Rouse, III, Greenville, for defendant appellee.


Certiorari Denied by Supreme Court August 30, 1974.

CAMPBELL, Judge.

Plaintiffs assert that the payment and acceptance of a larger sum of money, namely, $3,000 instead of $2,600, 27 days after the specified due date, as provided in the lease agreement, constituted a variance of the contractual agreement sufficient to create a new contract between the parties and was therefore a novation and created a tenancy from year to year terminable upon 30 days' notice...

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