State v. Cook

The evidence would permit a jury to find these facts: James Atkinson was, in January 1964, operating a service station on Independence Boulevard in Charlotte. The service station was owned by Gulf Oil Corporation (Gulf). On May 31, 1962, Gulf and Atkinson, as part of a single transaction, executed three documents. One was captioned “SERVICE STATION LEASE,” another “CONTRACT OF SALE,” the other “AUTOMOTIVE GASOLINE AGREEMENT (DELIVERY AND STORAGE).” The lease required Atkinson to conduct his business in such manner that the value of the property as a service station would not be depreciated.…