Crary v. Civils
This text of 134 S.E.2d 668 (Crary v. Civils) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff is in possession under a lease which does not expire for more than five years. He is using the fixtures and improvements for his own benefit. He fails to allege either that the improvements were necessary or that the defendants authorized them or agreed to pay for their installation. Whether his additions to the building are such business fixtures as will permit him to remove them when his lease expires, does not appear. If the defendants are in anywise liable, which is not conceded, the extent of the liability cannot be determined until the time the plaintiff surrenders the leased premises.
The complaint fails to state a cause of action. The demurrer was properly sustained.
Affirmed.
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Cite This Page — Counsel Stack
134 S.E.2d 668, 261 N.C. 364, 1964 N.C. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crary-v-civils-nc-1964.