Fox v. Southern Appliances, Inc.
Supreme Court of North Carolina
1Opinion of the CourtMooee, J.
No verbal agreement between parties to a written contract, .made before or at the time of the execution of such contract, is admissible to vary its terms or to contradict its provisions. Insurance Co. v. Morehead, 209 N.C. 174, 183 S.E. 606. It will be presumed that the writing merged therein all prior and contemporaneous negotiations. Neal v. Marrone, 239 N.C. 73, 79 S.E. 2d 239. But parol evidence is admissible to show that a written contract was procured by fraud, for the allegations of fraud challenge the validity of the contract itself, not the accuracy of its terms — the instrument…
2Cases cited23 opinions
- Johnson v. OwensSupreme Court of North Carolina · 1965
- Calloway v. WyattSupreme Court of North Carolina · 1957
- Neal v. MarroneSupreme Court of North Carolina · 1953
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
18 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Phelps-Dickson Builders, LLC v. Amerimann PartnersCourt of Appeals of North Carolina · 2005
- Lea Co. v. North Carolina Board of TransportationSupreme Court of North Carolina · 1983
- Freese v. SmithCourt of Appeals of North Carolina · 1993
31 more not listed; retrieve them via the Exa API.