Hornets Nest Girl Scout Council, Inc. v. Cannon Foundation, Inc.

EAGLES, Judge.

Plaintiff assigns as error the trial court’s interpretation of the 30 May 1951 deed from Kannapolis Girl Scout Association to Rowan-Cabarrus Girl Scout Council in a manner inconsistent with the granting, habendum and warranty clauses of the deed. We agree that the trial court’s interpretation was erroneous.

At the outset we note two points not addressed by the trial judge in his order but necessary to a proper understanding of the facts before us. First, though there was testimony which could support such a finding, the trial court did not find that the deed from Kannapolis to…