Brewington v. Loughran
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at June Term, 1921, of BuNcombe. Civil action to recover damages for an alleged breach of covenant in a rental contract. On 1 July, 1919, plaintiff leased from the defendant, for a period of one year, a certain store room, known as the Swannanoa-Berkley Barber Shop, located on Biltmore Avenue in the city of Asheville, N. 0. The rent was to be paid in monthly installments of $40 each.
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Appeal by defendant from Harding, J., at June Term, 1921, of BuNcombe. Civil action to recover damages for an alleged breach of covenant in a rental contract. On 1 July, 1919, plaintiff leased from the defendant, for a period of one year, a certain store room, known as the Swannanoa-Berkley Barber Shop, located on Biltmore Avenue in the city of Asheville, N. 0. The rent was to be paid in monthly installments of $40 each. Plaintiff alleges that, in addition to the premises' and fixtures, defendant agreed to furnish “hot and cold water” sufficient for the successful carrying on of his business.…
1Opinion of the CourtStacy, J.
The plaintiff leased from the defendant for a period of one year a certain store room in the city of Asheville, N. C., to be used as a barber shop. In the written lease the demised premises are described as the “Swannanoa-Berkley Barber Shop, including, the fixtures, hot and cold water.” Plaintiff contends that this description constituted a covenant on the part of the defendant to furnish him hot water suitable for his business. Defendant denies this contention, and, moreover, insists that at the time the lease was executed he called the plaintiff to his office and, in the presence of…
2Cases cited22 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Sloan v. . HartSupreme Court of North Carolina · 1909
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Robrecht v. Marling's Adm'rWest Virginia Supreme Court · 1887
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3Cited by36 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- Tarkington v. Printing Co.Supreme Court of North Carolina · 1949
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