ROOT v. ALLSTATE INSURANCE COMPANY

No. 529.

158 S.E.2d 829 (1968)

272 N.C. 580

Mrs. Olivia Smith ROOT, Hubert Stockard and wife, Margaret Vass Stockard, and Annie Smedes Vass, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Maupin, Taylor & Ellis and Thomas P. McNamara, Raleigh, for plaintiffs.

Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, for defendant.


BRANCH, Justice.

The ultimate question presented by this appeal is whether the basement of the building located at 747 Hillsboro Street, Raleigh, N. C., was included in the premises demised in the written lease from plaintiffs to defendant.

Lessors' position is that lessee has no right to use the basement under the lease, and they admit that all of the rents required by the terms of the lease have been paid. The action is therefore based on an implied or quasi...

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