L. M. BRINKLEY & ASSOC. v. INTEGON LIFE INS.

No. 776SC456.

242 S.E.2d 528 (1978)

35 N.C. App. 771

L. M. BRINKLEY & ASSOCIATES and Commercial Builders, Inc. t/a New Market Shopping Center v. INTEGON LIFE INSURANCE CORPORATION.

Court of Appeals of North Carolina.

April 4, 1978.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by William W. Pritchett, Jr. and Roswald B. Daly, Jr., Windsor, for plaintiffs-appellants.

Cherry, Cherry & Flythe by Joseph J. Flythe, Ahoskie, for defendant-appellee.


ARNOLD, Judge.

The sole issue for our consideration is whether there was a genuine issue of material fact which would render summary judgment inappropriate. G.S. 1A-1, Rule 56. Plaintiffs' only contention is that the contract provision relating to the standby fee was ambiguous and therefore a question of fact for the jury. We do not agree.

The contract provision in question reads:

"The accepted commitment copy must be returned within one week along...

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