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GOLDING v. CASSTEVENS

No. 673.

120 S.E.2d 436 (1961)

255 N.C. 200

Claude R. GOLDING v. W. C. CASSTEVENS.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

Frank Freeman, Dobson, for defendant-appellant.

Woltz & Faw, Mount Airy, for plaintiff-appellee.

RODMAN, Justice.

Defendant desired to dam a stream and create a pond. For that purpose he and plaintiff entered into a contract which provided: "The base of this dam is 170 feet wide at the bottom. On the water side it is to be sloped 2 feet to 1 foot. The back side will be sloped 3 to 1. The total height of this dam will be 23 feet leaving the top level so it can be used for a roadway. The spillway will be graded to my satisfaction.

"If there is any extra...

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