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SALE v. STATE HIGHWAY AND PUBLIC WORKS COM'N

No. 89.

89 S.E.2d 290 (1955)

242 N.C. 612

Fred L. SALE and Jack Westall, Trustees of the J. M. Westall Trust, and Myrtle Sale, Minnie W. Boehm, Mary Westall, Jack Westall and Annie Westall, cestui que trustent, Petitioners, v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION, Respondent.

Supreme Court of North Carolina.

September 28, 1955.

Attorney(s) appearing for the Case

R. Brookes Peters, Gen. Counsel State Highway and Public Works Commission, Raleigh, and McLean, Gudger, Elmore & Martin, Asheville, for respondent, appellant.

Uzzell & Dumont, Asheville, for petitioners, appellees.

PARKER, Justice.

The State Highway & Public Works Commission was authorized by G.S. § 136-19 to acquire the easement of a right-of-way over petitioners' lands from them by purchase. The consideration for the right-of-way agreement was the payment of $3,622.50 and the removal at the Commission's expense of one two-story frame warehouse and such portion of a lumber shed as is in the right-of-way limits from the right-of-way, and the buildings on the right-of...

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