SIMON v. MOCK

No. 8422SC1274.

331 S.E.2d 300 (1985)

Loretta Pinson SIMON v. Cecelia Howard MOCK, Individually and Cecelia Howard Mock, Administratrix of the Estate of William Rogers Odell Mock, Deceased.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Stoner, Bowers & Gray by Bob W. Bowers, Lexington, for plaintiff-appellant.

Leonard, Tanis & Cleland by Robert K. Leonard, Winston-Salem, for defendant-appellee.


ARNOLD, Judge.

On 16 September 1983, plaintiff filed a complaint seeking rent from defendant for occupation of her property from 1 March 1974 until 10 April 1983. Plaintiff set out two alternative theories of recovery: (1) that defendant's husband entered into an agreement on 1 March 1974 to pay $100 per month rent and to maintain the house, and (2) whether or not there was an agreement, that plaintiff is entitled to recover from defendant the fair rental value of...

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