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DKH CORP. v. RANKIN-PATTERSON OIL CO.

No. COA96-1330.

506 S.E.2d 256 (1998)

DKH CORPORATION, a North Carolina Corporation, Plaintiff, v. RANKIN-PATTERSON OIL COMPANY, INC., a North Carolina Corporation, Defendant.

Court of Appeals of North Carolina.

October 6, 1998.

Attorney(s) appearing for the Case

Kelly & Rowe, P.A. by E. Glenn Kelly, James Gary Rowe, Asheville, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes & Davis by Stephen J. Grabenstein, Asheville, for defendant-appellee.

WYNN, Judge.

On June 1, 1990, plaintiff DKH Corporation ("DKH") purchased from defendant Rankin-Patterson Oil Company, Inc. real and personal property for the operation of a mini-mart service station. DKH's purchase, in pertinent part, included land, a convenience store, and tanks and pumps used for dispensing gasoline.

Thereafter, on July 1, 1990, DKH and Rankin-Patterson entered into a LEASE AGREEMENT ("lease") which defined the terms and conditions under...

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