GREEN v. LYBRAND

No. 7812DC72.

249 S.E.2d 443 (1978)

39 N.C. App. 56

W. O. GREEN v. Dewey E. LYBRAND.

Court of Appeals of North Carolina.

December 5, 1978.


Attorney(s) appearing for the Case

Seavy A. Carroll, Fayetteville, for plaintiff-appellant.

Marland C. Reid, Fayetteville, for defendant-appellee.


ARNOLD, Judge.

Plaintiff urges that the proceedings should not have been dismissed because he was not seeking repossession of the premises solely on the basis of nonpayment of rent. Plaintiff's complaint is set out in essence as follows:

First Claim for Relief: The lease provided that the rent was payable in advance on or before the first day of each month; the rent for the third month was not paid by the seventh of the month; the October rent check was tendered...

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