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CENTRAL ELEC. MEM. CORP. v. CAROLINA POWER & LIGHT CO.

No. 538.

139 S.E.2d 541 (1965)

263 N.C. 428

CENTRAL ELECTRIC MEMBERSHIP CORPORATION v. CAROLINA POWER & LIGHT COMPANY, Defendant, and Hales & Hunter Company, Intervenor Defendant.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Crisp & Wells, Raleigh, and Teague, Williams & Love, Sanford, for plaintiff appellant.

Pittman, Staton & Betts, Sanford, W. Reid Thompson and A. Y. Arledge, Raleigh, for appellee Carolina Power & Light Co.

Gavin, Jackson & Williams, Sanford, for intervenor defendant appellee Hales & Hunter Co.

RODMAN, Justice.

On January 5, 1956, plaintiff and CP & L entered into a contract by which CP & L agreed to sell electricity to plaintiff for resale. Article 8 of that contract, captioned "Service Facilities," provides:

"(a) Neither party, unless ordered so to do by a lawful order issued by a properly constituted authority, shall distribute or furnish electric energy to anyone who, at the time of the proposed service, is receiving electric service...

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