WESTPORT 85 LTD. PARTNERSHIP v. CASTO

No. 9414SC178.

450 S.E.2d 505 (1994)

WESTPORT 85 LIMITED PARTNERSHIP, Plaintiff, v. Gerald E. CASTO and wife, Linda L. Casto and Cottman Transmission Systems, Inc., Defendants.

Court of Appeals of North Carolina.

December 6, 1994.


Attorney(s) appearing for the Case

Hutson Hughes & Powell, P.A. by James H. Hughes and Lauren M. Mikulka, Durham, for plaintiff-appellee.

Carruthers & Roth, P.A. by Kenneth L. Jones, Greensboro, for defendant-appellant Cottman Transmission Systems, Inc.

Randall, Jervis & Hill by James T. Hill, Durham, for defendants-appellants Gerald E. Casto and wife, Linda L. Casto.


THOMPSON, Judge.

Defendant Cottman argues that the trial court erred in denying its counterclaim, in dismissing its crossclaim and in holding it liable for damages. For the reasons discussed below, we affirm.

In denying defendant's counterclaim and awarding damages to plaintiff, the trial court concluded that plaintiff acted reasonably and promptly to remove Trapp from the property after it learned that Cottman had exercised its right to become lessee and...

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