Summary
adopting dissenting opinion of Hunter, J., stating that the intent of the parties can be determined by the plain language of the agreement, and any ambiguities creating questions of fact may be properly resolved with the use of parol evidence
Summary of this case from Walter v. WalterOpinion
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 169 N.C.App. 46, 610 S.E.2d 731 (2005), affirming an order entered on 1 March 2004 by Judge Kimbrell Kelly Tucker in District Court, Cumberland County. Heard in the Supreme Court 17 October 2005.
Reid, Lewis, Deese, Nances&sPerson, LLP, by Renny W. Deese, for plaintiff-appellant .
Sullivans&s Grace, P.A., by Nancy L. Grace, for defendant-appellee .
PER CURIAM.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further remand to the trial court for further proceedings.
REVERSED AND REMANDED.