Neal v. Marrone
Supreme Court of North Carolina
1Opinion of the CourtJohnson, J.
A contract not required to be in writing may be partly written and partly oral. However, where the parties have deliberately put their engagements in writing in such terms as import a legal obligation free of uncertainty, it is presumed the writing was intended by the parties to represent all their engagements as to the elements dealt with in the writing. Accordingly, all prior and contemporaneous negotiations in respect to those elements are deemed merged in the written agreement. And the rule is that, in the absence of fraud or mistake or allegation thereof, parol testimony of prior or…
2Cases cited10 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Whitehurst v. . Fcx Fruit and Vegetable ServiceSupreme Court of North Carolina · 1944
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3Cited by60 opinions
- Donald White v. Sunoco IncCourt of Appeals for the Third Circuit · 2017
- Zinn v. WalkerCourt of Appeals of North Carolina · 1987
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
- Clifford v. River Bend Plantation, Inc.Supreme Court of North Carolina · 1984
- Brannock v. FletcherSupreme Court of North Carolina · 1967
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