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DUKE POWER CO. v. BLUE RIDGE ELECTRIC MEMBER. CORP.

No. 311.

117 S.E.2d 812 (1961)

253 N.C. 596

DUKE POWER COMPANY and the Town of Hudson v. BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

L. H. Wall, Lenoir, for Town of Hudson, plaintiff appellee.

Carl Horn, Jr., William I. Ward, Jr., Charlotte, and Townsend & Todd, Lenoir, for Duke Power Co., plaintiff appellee.

Williams & Whisnant and Claude F. Seila, Lenoir, for defendant appellant.

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

RODMAN. Justice.

The contract between Duke and Blue Ridge lies at the threshold of the controversy. (Actually there are two contracts, each designating a place where Duke will connect with Blue Ridge lines to furnish current, but they are identical so far as material to a decision of this case. Hence they are treated as a single instrument.) Each of these parties bases its right to relief on its interpretation of the contract, which is dated 21 December 1957. The...

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