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DEPARTMENT OF TRANSP. v. IDOL

No. 9318SC478.

440 S.E.2d 863 (1994)

114 N.C. App. 98

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Jimmy Wayne IDOL, Sr.; Konrad K. Fish, Trustee; Ben Sirmons, Trustee; Mabel S. Hiatt, Beneficiary and Assignee; Cecil Stanley Little and wife, Patricia J. Little, Lessees, Defendants.

Court of Appeals of North Carolina.

March 15, 1994.

Attorney(s) appearing for the Case

Turner, Rollins, Rollins & Clark by Clyde T. Rollins, Greensboro, for defendants-appellees Cecil S. Little and Patricia J. Little.

Frazier, Frazier & Mahler by Ben Sirmons, Greensboro, for defendant-appellant Jimmy Wayne Idol, Sr.

WELLS, Judge.

Lessor argues that because the terms of the lease are ambiguous, the trial court erred in determining the meaning of the contract as a matter of law and in granting lessees' summary judgment motion. We disagree.

The lease provides in pertinent part:

THAT subject to the terms and conditions hereinafter set forth lessor does hereby let and lease unto lessees and lessees do hereby accept as tenant of lessor a certain parcel of land, together...

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