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STATE v. COOK

No. 254.

140 S.E.2d 305 (1965)

263 N.C. 730

STATE of North Carolina v. Herbert P. COOK.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard, for the State.

Warren C. Stack and James L. Cole, Charlotte, for defendant appellant.

RODMAN, Justice.

The evidence would permit a jury to find these facts: James Atkinson was, in January 1964, operating a service station on Independence Boulevard in Charlotte. The service station was owned by Gulf Oil Corporation (Gulf). On May 31, 1962, Gulf and Atkinson, as part of a single transaction, executed three documents. One was captioned "SERVICE STATION LEASE," another "CONTRACT OF SALE," the other "AUTOMOTIVE GASOLINE AGREEMENT (DELIVERY AND STORAGE)...

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