Helms v. B & L Investment Co., Inc.

BALEY, Judge.

The sole issue for determination in this case is whether the supervening action of the governmental authorities of the city, of Charlotte and Mecklenburg County in prohibiting the defendants from extending water and sewer lines to the land sold to plaintiffs will excuse the defendants from the performance of their obligations to plaintiffs under the guaranty or from the payment of damages for their failure to so perform.

The material facts concerning the issue of liability are uncontradicted. As an inducement to plaintiffs to purchase the property,' the' defendants made an…