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PITT & GREENE ELEC. MEM. CORP. v. CAROLINA P. & L. CO.

No. 306.

136 S.E.2d 124 (1964)

261 N.C. 716

PITT AND GREENE ELECTRIC MEMBERSHIP CORPORATION v. CAROLINA POWER & LIGHT COMPANY and Richard Patrick Warren and wife, Parker Norman Warren.

Supreme Court of North Carolina.

April 29, 1964.

Attorney(s) appearing for the Case

Lewis & Rouse, Farmville, for plaintiff appellant.

A. Y. Arledge, W. Reid Thompson, Raleigh, White & Aycock, Kinston, for defendant appellee Power Company.

I. Joseph Horton, Snow Hill, for defendants Warren.

Crisp & Wells, by William T. Crisp, Raleigh, amicus curiae.

RODMAN, Justice.

Does a determination of the contractual rights of plaintiff and Power Company depend on the validity of the Power Company's franchise? If the answer must be yes, the court correctly sustained the demurrer. G.S. § 1-260. If, however, the question calls for a negative answer, the demurrer should not have been sustained for the reason first assigned.

In answering the question, these facts are decisive: Power Company does not have an exclusive...

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