North Carolina State Highway Commission v. Gamble

Duke Power Company is not a party to the action. The Court is called upon to construe the deed from Duke and determine whether Dulce conveyed the tract in dispute to the defendants or whether title to the tract was retained by Duke, it having been stipulated that Duke owned the tract at the time of the conveyance.

Reference to Britt v. Children’s Homes, 249 N.C. 409, 106 S.E. 2d 474, is thought to be appropriate. The plaintiffs in that case sought specific performance of a contract wherein defendant had agreed to purchase land from the plaintiffs who had acquired the same from one Odum. The…