REA CONST. CO. v. ERVIN CO.

No. 7626SC862.

235 S.E.2d 418 (1977)

REA CONSTRUCTION COMPANY v. The ERVIN COMPANY.

Court of Appeals of North Carolina.

June 15, 1977.


Attorney(s) appearing for the Case

Fleming, Robinson & Bradshaw, P. A. by Richard A. Vinroot and C. Richard Rayburn, Jr., Charlotte, for plaintiff-appellant.

Caudle, Underwood & Kinsey by William E. Underwood, Jr., Charlotte, for defendant-appellee.


VAUGHN, Judge.

The arguments in the briefs concentrate on whether defendant was released from its guaranty by plaintiff's acceptance of Queen City's note. Plaintiff argues that there were no material alterations in Queen City's obligations and that the execution of the note did nothing to prejudice defendant. Plaintiff further argues that the facts show that the note was taken with at least the implied assent of defendant. Defendant argues that the mere acceptance...

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