DUKE v. DAVENPORT

No. 107.

83 S.E.2d 668 (1954)

240 N.C. 652

H. H. DUKE and wife, Nettie C. Duke, v. L. L. DAVENPORT and Louis L. Davenport, Jr.

Supreme Court of North Carolina.

September 29, 1954.


Attorney(s) appearing for the Case

Davenport & Davenport, Nashville, for appellants.

Thorp & Thorp, Rocky Mount, for appellees.


DENNY, Justice.

The defendants challenge the correctness of the court's conclusion of law to the effect that when the defendants failed to exercise their option to extend the lease for an additional fifteen years or any part thereof, from the expiration of the first five years, by giving notice as required by the lease, but held over, they became and remained tenants at will until 28th February, 1954, and that their occupancy since that time has been wrongful.

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