PRENTICE v. ROBERTS

No. 7628SC635.

232 S.E.2d 286 (1977)

Chester H. PRENTICE and Betty L. Prentice v. Talmadge ROBERTS and Linda Roberts.

Court of Appeals of North Carolina.

February 16, 1977.


Attorney(s) appearing for the Case

McGuire, Wood, Erwin & Crow by Charles R. Worley, Asheville, for plaintiffs-appellants.

Bennett, Kelly & Cagle by Robert F. Orr, Asheville, for defendants-appellees.


HEDRICK, Judge.

Plaintiffs assign as error the summary judgment entered for defendants. The question presented by this assignment of error is whether the descriptions of the lot and the easement in the sales agreement and the property sketch are patently or latently ambiguous.

". . . The only requisite in evaluating the written contract, as to the certainty of the thing described, is that there be no patent ambiguity in the description. There is a patent...

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