McLEAN v. KEITH

No. 748.

72 S.E.2d 44 (1952)

236 N.C. 59

McLEAN et al. v. KEITH et al.

Supreme Court of North Carolina.

August 22, 1952.


Attorney(s) appearing for the Case

W. Dennie Spry, Ratcliff, Vaughn, Hudson, Ferrell & Carter, and Ingle, Rucker & Ingle, Winston-Salem, for plaintiffs-appellants.

James E. Wilson, Washington, D. C., James J. Doherty, Baltimore, Md., York & Boyd, Greensboro, and Womble, Carlyle, Martin & Sandridge, Winston-Salem, for defendants-appellees.


JOHNSON, Justice.

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...

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