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CULLER v. WATTS

No. 8221DC1362.

313 S.E.2d 917 (1984)

Ethel B. CULLER v. Maurice WATTS.

Court of Appeals of North Carolina.

April 17, 1984.

Attorney(s) appearing for the Case

Sparrow & Bedsworth by W. Warren Sparrow and George A. Bedsworth, Winston-Salem, for defendant-appellant.

Hutchins, Tyndall, Doughton & Moore by Thomas W. Moore, Jr., Winston-Salem, for plaintiff-appellee.

JOHNSON, Judge.

Defendant proceeded on the theory that by accepting rental payments for a period of eighteen months following expiration of the original lease term, plaintiff and her husband, and hence plaintiff, waived any right they otherwise had to require written notice of renewal. Defendant bore the burden of proving that plaintiff had waived the breach, i.e., the failure to give notice of renewal. Wachovia Bank v. Rubish, 306 N.C. 417,

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