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PERFORMANCE MOTORS, INCORPORATED v. ALLEN

No. 84.

186 S.E.2d 161 (1972)

280 N.C. 385

PERFORMANCE MOTORS, INCORPORATED v. Alva Jane Riggs ALLEN.

Supreme Court of North Carolina.

January 28, 1972.

Attorney(s) appearing for the Case

Brock & Gerrans by Donald P. Brock, Trenton, for defendant appellant.

Darris W. Koonce, Trenton, for plaintiff appellee.

HUSKINS, Justice:

The security agreement signed by defendant contains the following language as part of the "provisions" printed on the reverse side of the instrument itself: "Buyer further warrants and covenants that: 1. The Buyer admits, upon examination, that the Collateral is as represented by Seller and acknowledges acceptance and delivery thereof in good condition and repair." Plaintiff contends the security agreement was intended by the parties as a final expression...

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