Legal Opinion

Development Enterprises of Raleigh v. Ortiz

Court of Appeals of North Carolina

Decided June 16, 1987No. 8610SC1218PublishedCited by 4 opinions

1Opinion of the Court

ARNOLD, Judge.

A contract must be considered as a whole, considering each clause and word with reference to other provisions and giving effect to each if possible by any reasonable construction. State v. Corl, 58 N.C. App. 107, 293 S.E. 2d 264 (1982); see also 4 Williston on Contracts § 619 (3d ed. 1961). When general terms and specific statements are included in the same contract and there is a conflict, the general terms should give way to the specifics. Wood-Hopkins Contracting Co. v. N.C. State Ports Auth., 284 N.C. 732, 202 S.E. 2d 473 (1974); see also 3 Corbin on Contracts § 547 (1960).

Se…

2Cases cited5 opinions

  1. Wood-Hopkins Contracting Co. v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1974
  2. Martin v. HareCourt of Appeals of North Carolina · 1985
  3. Smith v. McRarySupreme Court of North Carolina · 1982
  4. Asheville Mall, Inc. v. F. W. Woolworth Co.Court of Appeals of North Carolina · 1985
  5. State v. CorlCourt of Appeals of North Carolina · 1982

3Cited by4 opinions

  1. Mosley & Mosley Builders, Inc. v. Landin Ltd.Court of Appeals of North Carolina · 1990
  2. Carter v. Rockingham County Board of EducationCourt of Appeals of North Carolina · 2003
  3. Carter v. Rockingham County Board of EducationCourt of Appeals of North Carolina · 2003
  4. In re Rosewood at Providence, LLCUnited States Bankruptcy Court, M.D. Georgia · 2011

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