Brenner v. Little Red School House, Ltd.

WEBB, Judge.

We hold the court erred in granting the plaintiffs motion for summary judgment and in not granting the defendant’s motion to dismiss pursuant to G.S. 1A-1, Rule 12(b) (6). The complaint shows plaintiff entered into a contract under the terms of which tuition was payable in advance and not refundable. The terms of the contract are not ambiguous and the courts are bound to enforce it as written. See Loving Co. v. *21Contractor, Inc., 44 N.C. App. 597, 261 S.E. 2d 286 (1980) and Weyerhaeuser v. Carolina Power and Light Co., 257 N.C. 717, 127 S.E. 2d 539 (1962).

The appellee contends the…