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DURHAM SHOPPING CENTER, INC. v. ORCO, INC.

No. 8414SC239.

322 S.E.2d 609 (1984)

DURHAM SHOPPING CENTER, INC. v. ORCO, INC., t/a Bambino's of North Carolina at Lakewood Shopping Center, et al. and Edward S. ORGAIN, Jr. v. Milton ANDREWS.

Court of Appeals of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

William R. Winders and William J. Thomas, II, Durham, for plaintiff-appellee.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Michael E. Weddington and Martha Jones Mason, Raleigh, for defendant-appellant Edward S. Orgain, Jr.

HEDRICK, Judge.

Defendant contends the trial court erred in holding him liable under the guaranty since the lease he guaranteed was either superseded by other leases or materially altered in its terms. Defendant argues that the greater weight of the evidence shows that plaintiff entered into lease agreements with Bambino's International, Inc., or Andrews, thereby discharging defendant's liability as guarantor. This argument does not present an issue

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