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ANDREWS & KNOWLES PRODUCE COMPANY v. CURRIN

No. 321.

90 S.E.2d 228 (1955)

243 N.C. 131

ANDREWS & KNOWLES PRODUCE COMPANY, Inc. v. Buck CURRIN, Hank Currin, Jack Calhoun, and Tom Smothers, Trading as Big Four Warehouse.

Supreme Court of North Carolina.

November 23, 1955.

Attorney(s) appearing for the Case

J. Faison Thomson & Son, Goldsboro, I. R. Williams, Dunn, and Franklin Dupree, Angier, for defendants, appellants.

Taylor, Allen & Warren, Goldsboro, for plaintiff, appellee.

BOBBITT, Justice.

The location and dimensions of the leased floor space were identified and fixed when enclosed by plaintiff in the Fall of 1950 and made available for the storage of sweet potatoes as contemplated and actually used by plaintiff for such purpose during the 1950 and 1951 seasons. True, as contended, defendants had the right to use the space for the sale of tobacco from the beginning of the season, in any year, up to October 15th. The lease so provides...

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