Barger v. Krimminger

The judgment of nonsuit must be affirmed. The oral contract upon which plaintiffs sue was allegedly made on July 11, 1959. It was therefore superseded by the written agreement executed by the parties on July 13, 1959, and was incompetent to contradict or vary the terms of the written contract. Gas Company v. Day, 249 N.C. 482, 106 S.E. 2d 678; Williams v. McLean, 220 N.C. 504, 17 S.E. 2d 644. Furthermore, if we were to assume the agency of the building committee — which we may not, Sledge v. Wagoner, 250 N.C. 559, 562, 109 S.E. 2d 180, 183; Commercial Solvents v. Johnson, 235 N.C. 237, 240,…