Professional Documents
Culture Documents
Unpublished
Unpublished
No. 11-1384
CLARENCE B. RIDOUT,
Plaintiff Appellee,
v.
KEP MORRISVILLE REALTY, LLC, A New York limited liability
company,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:08-cv-00453-F)
Submitted:
January 5, 2012
Decided:
PER CURIAM:
Clarence B. Ridout filed a Complaint in the district
court
alleging
that
KEP
Morrisville
Realty,
LLC,
(KEP)
In
Cir. 2008).
Under
North
law, 1
Carolina
the
parol
evidence
rule
413
(N.C.
Ct.
App.
2009).
However,
parol
evidence
may
be
Id.
Here,
the district court correctly determined that KEP did not allege
fraud,
mistake,
or
ambiguity,
and
thus
did
not
abuse
its
summary
judgment
to
Ridout.
We
review
district
Brandt v. Gooding,
allegations
do
not
suffice,
nor
does
mere
judgment
to
Ridout
based
on
its
conclusion
that
the
North
Carolina,
to
determine
the
intent
of
the
Carter v. Barker,
as
are
necessary
to
effect
the
intention
of
the
Lane v.
If it can be
that
the
obligation
in
question
was
within
the
Id. at 625.
However,
Hodgin v.
review
court
of
the
of
the
record
correctly
interpreted
Contract,
and
held
convinces
us
that
the
the
language
and
that
plain
the
parties
did
not
make
reasonable
Property.
efforts
to
sell
or
lease
the
New
Ridout
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED