NYBOR CORP. v. RAY'S RESTAURANTS, INC.

No. 7521SC806.

225 S.E.2d 609 (1976)

29 N.C. App. 642

NYBOR CORPORATION v. RAY'S RESTAURANTS, INCORPORATED, et al. v. GEM OIL COMPANY.

Court of Appeals of North Carolina.

June 16, 1976.


Attorney(s) appearing for the Case

Blackwell, Blackwell, Canady, Eller & Jones by Jack F. Canady and Hudson, Petree, Stockton, Stockton & Robinson by J. Robert Elster and C. P. Craver, Jr., Winston-Salem, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice by W. P. Sandridge, Jr., Winston-Salem, for defendants-appellants.

Grubb & Penry by Robert L. Grubb, Lexington, for third-party defendant-appellant.


PARKER, Judge.

Appellants first assign as error that the court overruled their objections to the testimony of James C. Bethune, Jr., an officer of plaintiff Nybor Corporation, to the effect that Nybor, in buying the property and accepting the deed from Grubb, did not agree to assume the sublease. Appellants contend admission of this evidence violated the parole evidence rule. This case was heard by the court without a jury. The trial court made no finding of fact...

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