CLIFFORD v. RIVER BEND PLANTATION, INC.

No. 199A84.

323 S.E.2d 23 (1984)

312 N.C. 460

Frank J. CLIFFORD and Dolorese R. Clifford v. RIVER BEND PLANTATION, INC.

Supreme Court of North Carolina.

December 4, 1984.


Attorney(s) appearing for the Case

David P. Voerman, New Bern, for plaintiffs.

Allen, Hooten & Hodges, P.A. by John M. Martin, Kinston, for defendant.


COPELAND, Justice.

We note at the outset that plaintiffs have based their appeal, in this Court and the Court of Appeals, primarily on the theory that Mr. Efird made a parol warranty of no flooding after the written contract had been signed so that the parol evidence rule does not apply to this case. Judge Eagles based his dissent entirely on the theory that the conversation Mr. Efird had with Mr. Cliford after the first incidence of flooding amounted to a subsequent...

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