PRICE v. CONLEY

No. 7127DC611.

184 S.E.2d 405 (1971)

12 N.C. App. 636

Charles B. PRICE v. Irvin CONLEY.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Horn, West & Horn, by C. A. Horn, Shelby, for plaintiff appellee.

Yelton & Lamb, by Robert W. Yelton, Shelby, for defendant appellant.


PARKER, Judge.

In his charge the judge instructed the jury that the plaintiff had alleged that defendant breached the lease contract "by failing to exercise his option to renew the lease." No such allegation appears in the complaint. Further, the recorded lease, copy of which was introduced in evidence, contains no option to renew. On the contrary, by its express terms the lessors "agree to renew" and the lessee "agrees to accept" the additional ten-year term...

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