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K & S ENTERPRISES v. KENNEDY OFFICE SUPPLY CO., INC.

No. COA98-1391.

520 S.E.2d 122 (1999)

K & S ENTERPRISES, Plaintiff, v. KENNEDY OFFICE SUPPLY COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

October 19, 1999.

Attorney(s) appearing for the Case

Donald E. Britt, Jr., Wilmington, for plaintiff-appellee.

H. Spencer Barrow and George B. Currin, Raleigh, for defendant-appellant.

TIMMONS-GOODSON, Judge.

On 12 April 1993, K & S Enterprises, Inc. ("plaintiff") leased property to Kennedy Office Supply Company, Inc. ("defendant") for the operation of defendant's retail office supply business. The term of the written lease prepared by plaintiff and executed by the parties was four (4) years, beginning 12 April 1993 and ending 11 April 1997, at a rental rate of $2,450.00 per month.

The roof of the building leaked before defendant took...

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