DIXON v. RIVERS

No. 773DC671.

245 S.E.2d 572 (1978)

37 N.C. App. 168

Alvin R. DIXON and Marvin C. Mills v. Thomas W. RIVERS and wife, Izabel B. Rivers, J. Carlton Parsons, Jr., and E. B. Aycock and wife, Jean H. Aycock.

Court of Appeals of North Carolina.

July 11, 1978.


Attorney(s) appearing for the Case

Stubbs & Perdue by Gary R. Perdue, New Bern, for plaintiffs.

Underwood & Manning by Sam B. Underwood, Jr., Greenville, for defendants T. W. Rivers and wife, Izabel B. Rivers, and E. B. Aycock and wife, Jean H. Aycock.


MARTIN, Judge.

The question presented by this appeal is whether the trial court erred in concluding, as a matter of law, that the subject lease agreement created a lease for a term of ten (10) years with a perpetual right of renewal for like terms, and that defendants are in lawful compliance with the terms of said lease.

In the case at bar, the lease in question provides in pertinent part as follows:

"1. This lease shall begin as of the date hereof...

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