WILLIAMS v. P.S. INV. CO., INC.

No. 903SC669.

401 S.E.2d 79 (1991)

101 N.C. App. 707

Howard R. WILLIAMS, Plaintiff-Appellant, v. P.S. INVESTMENT COMPANY, INC. and P.S. Prasad and Indrani Prasad, Defendants-Appellees.

Court of Appeals of North Carolina.

February 19, 1991.


Attorney(s) appearing for the Case

Ward and Smith, P.A. by Michael P. Flanagan, Greenville, for plaintiff-appellant.

White and Allen, P.A. by John P. Marshall, Kingston, for defendants-appellees.

[Subsequent to oral argument of this case, White and Allen were allowed to withdraw as counsel of record for defendants-appellees.]


WELLS, Judge.

Plaintiff contends (1) that the $53,499.90 note was an unconditional promise to pay; or (2) if not, there remains a dispute of fact as to whether the parties to that note intended it to be conditioned on the receipt by defendants of payments under the $200,000.00 note. We cannot agree with either argument and therefore affirm the trial court's entry of summary judgment for defendants.

If the terms of a contract are plain and unambiguous, there...

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