Olive v. Williams

MORRIS, Chief Judge.

Defendant’s primary contention on appeal is that summary judgment was improvidently granted in the face of unresolved issues of fact with respect to both liability and damages. Defendant first contends that the articles of association were so ambiguous as to require that the intent of the parties be determined by a jury upon competent evidence as to the real agreement. See generally Lumber Co. v. Construction Co., 249 N.C. 680, 107 S.E. 2d 538 (1959). However, when a written contract such as this one is plain and unambiguous on its face, the court does not resort to…