Root v. Allstate Insurance Company

The ultimate question presented by this appeal is whether the basement of the building located at 747 Hillsboro Street, Raleigh, N. C., was included in the premises demised in the written lease from plaintiffs to defendant.

Lessors’ position is that lessee has no right to use the basement under the lease, and they admit that all of the rents required by the terms of the lease have been paid. The action is therefore based on an implied or quasi-contract.

“A quasi-contractual obligation is one that is created by the law for reasons of justice, without any expression of assent and sometimes even…