Builders Supplies Co. of Goldsboro, NC v. Gainey

MORRIS, Judge.

Defendants contend that the reservation of the sand and gravel rights in the deed of Bryan Rock and Sand Company to defendants is void for vagueness, but if not void for vagueness, constituted a right extending only to Bryan Rock and Sand Company to select the 35-acre tract.

We agree with defendants that the easement now before us leaves a lot to be desired with respect to certainty and clarity and suffers greatly when compared to the reservation approved in Reynolds v. Sand Co., 263 N.C. 609, 139 S.E. 2d 888 (1964). Nevertheless, we are, in our opinion, bound by the result…