O'Grady v. First Union National Bank

ERWIN, Judge.

The plaintiff, O’Grady, would have testified, if permitted, that he had the letter of credit issued on the condition that Jack and Flora Stewart would remain liable on the note. The plaintiffs, MacQueen, would have testified, if permitted, that they executed *318the guaranty on the condition that Jack and Flora Stewart would remain liable on the note. The plaintiffs contend that these were conditions precedent.

Relying upon Bailey v. Westmoreland, 251 N.C. 843, 112 S.E. 2d 517 (1960), Perry v. Trust Co., 226 N.C. 667, 40 S.E. 2d 116 (1946), and Overall Co. v. Hollister Co., 186 N.C.…