Chatham v. C. C. Disher Chevrolet Co
| Decision Date | 01 February 1939 |
| Docket Number | No. 743.,743. |
| Citation | 215 N.C. 88,1 S.E.2d 117 |
| Court | North Carolina Supreme Court |
| Parties | CHATHAM et al. v. C. C. DISHER CHEVROLET CO. et al. |
Appeal from Superior Court, Forsyth County; Frank S. Hill, Special Judge.
Action by Thurmond Chatham and others against the C. C. Disher Chevrolet Company and others to recover rentals under a lease alleged to have been assumed by named defendant. Judgment for plaintiffs, and named defendant appeals. New trial.
Civil action for recovery of rentals under lease allegedly assumed by appealing defendant.
The plaintiffs, being the owners of certain property located at 143-145 North Main Street in Winston Salem, N. C, on 21 February, 1936, leased the same to Glenn Allen Motors, Inc., J. D. Allen, Jr., and A. C. Glenn, Sr., for a term ending 1 November, 1937, at fixed monthly rental.
While the lease was in effect Glenn Allen Motors, Inc., was placed in receivership, and Tom Gough was appointed its Receiver.
Plaintiffs allege that thereafter the lease was assigned by the Receiver to Disher Chevrolet Company and that at the time of the assignment it assumed and agreed beginning 1 October, 1936, to pay for the use and occupancy of the premises the rent reserved in accordance with the terms of said lease; that Disher Chevrolet Company, by virtue of the assignment, took possession of the premises and paid the rent while occupying the same, but failed to pay for the full term; and that by reason thereof it is indebted to plaintiff in net sum of $925.
Defendant, C. C. Disher Chevrolet Company, denies the material allegations of plaintiffs, and avers that it rented the premises from month to month at a stipulated monthly rental and occupied the same from 1 October, 1936, to 31 March, 1937, paid the rental in accordance with such agreement, and surrendered the premises on the latter date.
At the trial below the parties introduced evidence tending to show their respective contentions. There was verdict for plaintiff. From judgment thereon, defendant C. C. Disher Chevrolet Company appeals to the Supreme Court, and assigns error.
Hastings & Booe and Peyton R. Abbott, all of Winston-Salem, for appellant.
Ratcliff, Hudson & Ferrell, of Winston-Salem, for appellees.
On the trial below plaintiffs were permitted, over objection by defendant, to introduce oral testimony as to the substance of the alleged written assignment of the lease in question, without as preliminary thereto laying sufficient and properfoundation for admission...
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