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PEE DEE ELEC. MEMBERSHIP v. CAROLINA POWER & LIGHT

No. 449.

122 S.E.2d 761 (1961)

256 N.C. 56

PEE DEE ELECTRIC MEMBERSHIP CORPORATION v. CAROLINA POWER & LIGHT COMPANY, Original Defendant; and The Town of Rockingham, Beler Dixon and Raymond Treece, Additional Defendants.

Supreme Court of North Carolina.

December 13, 1961.

Attorney(s) appearing for the Case

Brock & McLendon, Wadesboro, W. G. Pittman, Rockingham, and Branch & Hux, Enfield, for plaintiff, appellant.

Bynum & Bynum, Rockingham, A. Y. Arledge and W. Reid Thompson, Raleigh, for defendant Carolina Power & Light Co., appellee.

C. B. Deane and A. A. Webb, Rockingham, for defendant Town of Rockingham, appellee.

Leath & Blount, Rockingham, for defendants Dixon and Treece, appellees.

William T. Crisp, Raleigh, for North Carolina Electric Membership Corp., amicus curiae.

BOBBITT, Justice.

When Knob Hill, by annexation on January 9, 1957, was included within the corporate limits of Rockingham, sixty-six residences in this area were being served by Pee Dee. Prior to said annexation, the Power Company did not supply electric service in Knob Hill and had no lines or facilities therein.

Pee Dee, based on Article 8 of its contract of January 5, 1956, with the Power Company, contended...

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