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DISCOUNT AUTO MART, INC. v. BANK OF N. C.

No. 7910SC568.

263 S.E.2d 41 (1980)

DISCOUNT AUTO MART, INC. v. BANK OF NORTH CAROLINA.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Clifton & Singer by Ben F. Clifton, Jr., Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by John L. Jernigan, and Carl N. Patterson, Jr., Raleigh, for defendant-appellee.

ARNOLD, Judge.

As a general rule, a bank has the right to refuse to allow a depositor to make withdrawals from his account against uncollected funds. See G.S. 25-4-201(1) and -213(4)(a). Plaintiff here argues that defendant has waived this right by allowing plaintiff to make such withdrawals over a period of 15 months. Both parties argue about whether the facts here are sufficient to constitute the waiver of a contract right, but there is no indication in this case...

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