McLean v. Keith
Supreme Court of North Carolina
Appeal by plaintiffs from Rousseau, J., February Term, 1952, of FORSYTH. Civil action instituted by the plaintiffs to establish alleged title to common carrier truck-route operating rights evidenced by certificate of convenience and necessity issued by the Interstate Commerce Commission, and to compel the defendant N. V. Keith by specific performance to comply with the alleged terms of a contract of sale of the operating rights.
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Appeal by plaintiffs from Rousseau, J., February Term, 1952, of FORSYTH. Civil action instituted by the plaintiffs to establish alleged title to common carrier truck-route operating rights evidenced by certificate of convenience and necessity issued by the Interstate Commerce Commission, and to compel the defendant N. V. Keith by specific performance to comply with the alleged terms of a contract of sale of the operating rights. The background facts may be summarized as follows: The plaintiff McLean Trucking Company, a corporation, is a common carrier of freight by motor truck for hire, with…
1Opinion of the CourtJohnson, J.
Decision here turns on the answers to these questions: (1) In the absence of approval by the Interstate Commerce Commission of the purchase by the plaintiffs of Keith's operating rights, did the plaintiffs acquire a vested property interest in the rights, separate and apart from the operating authority? (2) Was the evidence sufficient to support a decree of specific performance against Keith, requiring him to join with the plaintiffs in a long-form application to the Interstate Commerce Commission asking its approval of the transfer of the operating rights to the plaintiffs ?
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2Cases cited16 opinions
- McLean Trucking Co. v. United StatesSupreme Court of the United States · 1944
- United States v. ReslerSupreme Court of the United States · 1941
- Elizabeth City v. BanksSupreme Court of North Carolina · 1909
- Elizabeth City v. . BanksSupreme Court of North Carolina · 1909
- Lawrence v. . HesterSupreme Court of North Carolina · 1885
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3Cited by35 opinions
- Vetco Concrete Company v. TROY LUMBER COMPANYSupreme Court of North Carolina · 1962
- Munchak Corp. v. CaldwellSupreme Court of North Carolina · 1981
- Indianhead Truck Line, Inc. v. Hvidsten Transport, Inc.Supreme Court of Minnesota · 1964
- Ron Medlin Construction v. HarrisSupreme Court of North Carolina · 2010
- Keith v. DayCourt of Appeals of North Carolina · 1986
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