Department of Transp. v. Idol, 9318SC478
| Decision Date | 15 March 1994 |
| Docket Number | No. 9318SC478,9318SC478 |
| Parties | DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Jimmy Wayne IDOL, Sr.; Konrad K. Fish, Trustee; Ben Sirmons, Trustee; Mabel S. Hiatt, Beneficiary and Assignee; Cecil Stanley Little and wife, Patricia J. Little, Lessees, Defendants. |
| Court | North Carolina Court of Appeals |
Turner, Rollins, Rollins & Clark by Clyde T. Rollins, Greensboro, for defendants-appellees Cecil S. Little and Patricia J. Little.
Frazier, Frazier & Mahler by Ben Sirmons, Greensboro, for defendant-appellant Jimmy Wayne Idol, Sr.
Lessor argues that because the terms of the lease are ambiguous, the trial court erred in determining the meaning of the contract as a matter of law and in granting lessees' summary judgment motion. We disagree.
The lease provides in pertinent part:
THAT subject to the terms and conditions hereinafter set forth lessor does hereby let and lease unto lessees and lessees do hereby accept as tenant of lessor a certain parcel of land, together with a storebuilding and certain equipment therein, in Guilford County, North Carolina, located on the southwest corner of the intersection of West Wendover Avenue (formerly Red Road) and the Guilford-Jamestown Road, Known as Idol's Crossroad. The leased Premises shall be the Southwest corner of the intersection of West Wendover Avenue and Guilford-Jamestown Road, Guilford County, Friendship Township, presently containing approximately four (4) acres.
* * * * * *
(8) DAMAGE BY FIRE OR OTHER CASUALTY --If the leased premises are rendered untenable by fire or other casualty, the lessor shall have the option to repair the leased premises or cancel this lease and have no further responsibilities to repair or renovate the premises. If the lessor repairs or renovates the premises following such casualty, the lessees shall have no responsibility to pay the rent previously agreed on until such time as they may take possession of the premises following such repair or renovation.
Lessor asserts that the term "leased premises" contained in the lease is ambiguous, and when it is considered in light of all the evidence, the intent of the parties is that "leased premises" means "leased building," therefore entitling lessor to cancel the lease. Lessees assert that they may continue to use the remainder of the property to operate a convenience store.
Summary judgment is proper where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." N.C.Gen.Stat. § 1A-1, Rule 56. When a motion for summary judgment is granted, the questions for determination on appeal are, whether on the basis of the materials presented to the trial court, there is a genuine issue as to any...
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