SHUFORD v. ASHEVILLE OIL COMPANY

No. 89.

91 S.E.2d 903 (1956)

243 N.C. 636

W. P. SHUFORD v. ASHEVILLE OIL COMPANY.

Supreme Court of North Carolina.

March 21, 1956.


Attorney(s) appearing for the Case

Harkins, Van Winkle, Walton & Buck, Asheville, for plaintiff.

Williams & Williams, Asheville, for defendant.


DENNY, Justice.

The court below, in refusing to continue the temporary restraining order until the final hearing, rested its decision on two grounds: (1) On the acquiescence of plaintiff in the changes made in the restrictions in the deed executed by him on 16th September, 1949, to Harold C. Wilburn, Chester Brown, Jr. and Jack H. Brown, the grantors of the defendant, by the contract entered into by and between the grantor and the grantees in said deed on 19th December...

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