POTTER v. CAROLINA WATER COMPANY

No. 91.

116 S.E.2d 374 (1960)

253 N.C. 112

James H. POTTER, Jr., James H. Potter, III, and Gilbert M. Potter, t/a and d/b/a Potter's Store, a Partnership; and New Hampshire Insurance Company, a Corporation, v. CAROLINA WATER COMPANY, a Corporation.

Supreme Court of North Carolina.

October 12, 1960.


Attorney(s) appearing for the Case

C. R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for plaintiff appellees.

John G. Dawson, Albert W. Cowper, Kinston, and Luther Hamilton, Morehead City, for defendant appellant.


RODMAN, Justice.

Defendant, by motion to nonsuit and by exception to the charge as a whole, challenges plaintiffs' right to recover notwith-standing the undisputed testimony that there was a total failure to furnish any water to the hydrants during the critical period, and because of such failure plaintiffs' property was destroyed. It bases its denial of liability on two propositions: (1) Breach of a definite and specific contract between a private corporation and...

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