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LOWE'S OF SHELBY, INC. v. HUNT

No. 7623SC66.

226 S.E.2d 232 (1976)

30 N.C. App. 84

LOWE'S OF SHELBY, INC. v. John J. HUNT, and wife, Ruby C. Hunt.

Court of Appeals of North Carolina.

Certiorari Denied September 1, 1976.

Attorney(s) appearing for the Case

McElwee, Hall & McElwee by W. H. McElwee, North Wilkesboro, for plaintiff-appellee.

Horn, West, Horn & Wray by J. A. West, Shelby, for defendants-appellants.

Certiorari Denied by Supreme Court September 1, 1976.

CLARK, Judge.

This appeal presents the following issue: Does the lease agreement of 1 August 1969, providing for payment of additional rental of one-half per cent of all sales in excess of $900,000, apply to sales made at plaintiff's new location between 31 August 1973, when plaintiff moved out of the leased premises, and 31 July 1974, the termination date of the lease?

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