Fayetteville Independent Light Infantry, Inc. v. Sanitary Laundry & Dry Cleaners, Inc.
Supreme Court of North Carolina
1Opinion of the CourtDevin, J.
The facts found by Judge Grady fully support the judgment.
Defendant demurred ore tenus that the complaint does not state facts sufficient to constitute a cause of action, and for that there is a defect of parties plaintiff. This cannot be sustained.
Where lessor has contracted to sell the leased premises and the lessee refuses to vacate, action may be properly brought in the name of the lessor. Shelton v. Clinard, 187 N. C., 664.
The provision in the lease that it is made “subject to an option to United States Government” seems to have been interpreted by the parties to mean that the lease…
2Cases cited3 opinions
- Lewis v. . NunnSupreme Court of North Carolina · 1920
- Shelton v. . ClinardSupreme Court of North Carolina · 1924
- Lumpkin v. Durham Building & Investment Co.Supreme Court of North Carolina · 1933