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T. A. LOVING CO. v. OSCAR MILLER CONTRACTOR

No. 7910SC147.

261 S.E.2d 286 (1980)

44 N.C. App. 597

T. A. LOVING COMPANY v. OSCAR MILLER CONTRACTOR, INC.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Parker, Sink & Powers by William H. Potter, Jr., Raleigh, for defendant-appellant.

Poyner, Geraghty, Hartsfield & Townsend by John J. Geraghty, David W. Long, and Cecil W. Harrison, Jr., Raleigh, for plaintiff-appellee.

CLARK, Judge.

The controlling issue in this appeal is whether the defendant was bound by its subcontract with plaintiff to perform when plaintiff asked defendant on 4 March 1975 to submit a starting time and when plaintiff gave defendant notice to perform on 5 May 1975. "It is settled law that where the terms of a written instrument or contract are explicit, the court determines their effect by declaring their legal meaning." Howland v. Stitzer,

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