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VERNON v. KENNEDY

No. 808SC493.

273 S.E.2d 31 (1981)

James M. VERNON & wife, Elizabeth Vernon v. Durwood KENNEDY & wife, Janet S. Kennedy.

Court of Appeals of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Douglas P. Connor, Mount Olive, for plaintiffs-appellants.

Kornegay & Rice by Robert T. Rice, Mount Olive, for defendants-appellees.

CLARK, Judge.

Plaintiff may not recover under the lease as a matter of law. The lease provides, at an absolute maximum, for a term of two years, even assuming the giving of proper notice. The lease could thus under no circumstances continue in force after 30 April 1973.

Plaintiffs point out in their brief that our Supreme Court, in considering a somewhat similar situation, has stated that

"when a tenant under a lease for a fixed term of one year,...

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