Cox v. Phillips
Cox v. Phillips
Opinion of the Court
Plaintiffs contend that the court committed error in permitting the defendant to testify that neither the oral conversations nor the subsequent written contract, as signed by the defendant, had included a brick wall on the outside of the extended carport.
Plaintiffs’ former home on the same lot had burned and the parties contemplated building a new house very similar to the one that had burned. The burned house had a single-car open carport. The typed contract incorporated a handwritten list of specifications of materials, alterations and the like. Item No. 15 stated: “Add 13'
Plaintiffs contend that the court erred in allowing the defendant to testify “with respect to modifications in the contract which were unsupported by consideration” and cite Whitehurst v. FCX Fruit and Vegetable Service, 224 N.C. 628, 32 S.E. 2d 34, in support of this contention. We do not find any exception or assignment of error in the record or transcript dealing with that question. Moreover, the Whitehurst case supports the admissibility of the evidence. We think the broad view of the question of consideration suggested in Helicopter Corp. v. Realty Co., 263 N.C. 139, 139 S.E. 2d 362, is pertinent to this case.
We have carefully considered each of the assignments of error discussed in plaintiffs’ brief and finding them without merit, they are overruled.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.