RAINTREE CORP. v. CITY OF CHARLOTTE

No. 8026SC354.

271 S.E.2d 524 (1980)

49 N.C. App. 391

RAINTREE CORPORATION v. CITY OF CHARLOTTE.

Court of Appeals of North Carolina.

November 4, 1980.


Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, by Robert C. Stephens and Thomas J. Ashcraft, Charlotte, for plaintiff-appellee.

City Atty. Henry W. Underhill, Jr., by Asst. City Attys. Richard D. Boner and David M. Smith, Charlotte, for defendant-appellant.


HEDRICK, Judge.

We note at the outset that this is a declaratory judgment proceeding wherein the court entered a judgment that not only declared the rights of the parties under the contract, but also entered a monetary judgment for plaintiff. While neither party has raised the question of the propriety of a monetary judgment in a declaratory judgment proceeding, we deem it proper to point out that G.S. § 1-259 provides that upon petition and notice, the court...

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