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HORNETS NEST GIRL SCOUT COUNCIL, INC. v. CANNON FOUNDATION, INC.

No. 8519DC446.

339 S.E.2d 26 (1986)

HORNETS NEST GIRL SCOUT COUNCIL, INC. v. The CANNON FOUNDATION, INC.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Haynes, Baucom, Chandler, Claytor & Benton by William M. Claytor and Rex C. Morgan, Charlotte, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Leon L. Rice, Jr., Charles F. Vance, Jr., Elizabeth L. Quick and M. Ann Anderson, Winston-Salem, and Brice J. Willeford, Kannapolis, for defendant-appellee.

EAGLES, Judge.

Plaintiff assigns as error the trial court's interpretation of the 30 May 1951 deed from Kannapolis Girl Scout Association to Rowan-Cabarrus Girl Scout Council in a manner inconsistent with the granting, habendum and warranty clauses of the deed. We agree that the trial court's interpretation was erroneous.

At the outset we note two points not addressed by the trial judge in his order but necessary to a proper understanding of the facts...

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