Product Company v. Dunn.
Supreme Court of North Carolina
CONTROVERSY without action, by Atlantic Product Company against William Dunn, submitted to Judge B. F. Long at the May Term, 1906, of the Superior Court of Craven.
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CONTROVERSY without action, by Atlantic Product Company against William Dunn, submitted to Judge B. F. Long at the May Term, 1906, of the Superior Court of Craven. The following are substantially the facts agreed: On 10 March, 1899, the defendant leased the premises for one year, beginning 1 April, 1899, to the plaintiff in consideration of $126, payable yearly in advance, with this further agreement: “The party of the second part, upon the expiration of the said term of one year, shall have the right at its option to continue this agreement and lease for another full term of five years,…
1Opinion of the Court
Clahic, C. J.,
after stating the facts: Besides the facts above recited, the lease (which is set out in full) also «contained the following further agreement: “Should the party of the second part make default herein and fail to perform the agreements entered into herein on its part, or any of them, or fail to pay said rent when the same is due, then and in that case the party of the first part shall have the right to enter said premises and take possession thereof as of his former estate.”
If the plaintiff had failed to pay the annual rent in advance, at or before 1 April of any year, the…
2Cases cited4 opinions
- Alston v. . ConnellSupreme Court of North Carolina · 1906
- Vanderford v. Foreman.Supreme Court of North Carolina · 1901
- Blanchard v. JacksonSupreme Court of Kansas · 1895
- Meroney v. . WrightSupreme Court of North Carolina · 1879
3Cited by15 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- Barnes v. . SaleebySupreme Court of North Carolina · 1919
- Rubin v. GochrachSupreme Court of Virginia · 1947
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