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Brenner v. Little Red School House

North Carolina Supreme Court

274 S.E.2d 206 (1981)

Facts

Ralph Brenner (plaintiff) paid a private school run by Little Red School House, Inc. (the school) (defendant) advance tuition for his son’s enrollment in the company’s private school. The enrollment contract specified that the tuition was nonrefundable. Before the school year began, Brenner’s ex-wife, who had legal custody of the son, refused to enroll the son at the school. Brenner sued to recover his tuition payment. At trial, Brenner testified that a school official promised that the school would refund the tuition. The trial court granted summary judgment for Brenner, but an intermediate appellate court reversed and entered summary judgment for the school. Brenner appealed to the North Carolina Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Copeland, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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