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BOWMAN v. HILL

No. 7922SC357.

262 S.E.2d 376 (1980)

Dr. Terry O. BOWMAN v. William A. HILL; Jay W. Terrell and wife, Shirley H. Terrell.

Court of Appeals of North Carolina.

February 5, 1980.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller & Smith by Gaither S. Walser, Lexington, for plaintiff-appellee.

Grubb, Penry & Penry by Robert L. Grubb, Lexington, for defendants-appellants.

HILL, Judge.

Defendant assigns as error the lower court's judgment that defendants were obligated to plaintiff under the terms of the written agreement. We find that the court was in error.

Where the language of a contract is plain and unambiguous the construction of the agreement is a matter of law for the court, and a patent defect [emphasis added] or omission cannot be cured by matters outside the instrument. . . . [T]he court may not...

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