BRENNER v. LITTLE RED SCHOOL HOUSE, LTD.

No. 7918DC1141.

266 S.E.2d 728 (1980)

Ralph N. BRENNER, Jr. v. The LITTLE RED SCHOOL HOUSE, LIMITED.

Court of Appeals of North Carolina.

June 3, 1980.


Attorney(s) appearing for the Case

Wyatt, Early, Harris, Wheeler and Hauser by A. Doyle Early, Jr., High Point, for plaintiff-appellee.

Max D. Ballinger, Greensboro, for defendant-appellant.


WEBB, Judge.

We hold the court erred in granting the plaintiff's motion for summary judgment and in not granting the defendant's motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). The complaint shows plaintiff entered into a contract under the terms of which tuition was payable in advance and not refundable. The terms of the contract are not ambiguous and the courts are bound to enforce it as written. See Weyerhaeuser v. Carolina Power and Light Co., ...

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