# Rowe v. Franklin County

> Court of Appeals of North Carolina · February 18, 1986 · 79 N.C. App. 392

URL: https://www.frixlaw.com/law-library/cases/8908154

## Case

- **Full name:** CHARLES L. ROWE v. FRANKLIN COUNTY BOARD OF COMMISSIONERS OF FRANKLIN COUNTY FRANKLIN MEMORIAL HOSPITAL BOARD OF TRUSTEES OF FRANKLIN MEMORIAL HOSPITAL JAMES S. HUNT, INDIVIDUALLY AND AS CHAIRMAN OF BOARD OF COMMISSIONERS OF FRANKLIN COUNTY AND BOARD OF TRUSTEES OF FRANKLIN MEMORIAL HOSPITAL JAMES S. WEATHERS RONALD W. GOSWICK J. THURMAN GRIFFIN BERNIE R. GUPTON, and JAMES W. MILLS, INDIVIDUALLY AND as COUNTY MANAGER OF FRANKLIN COUNTY
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 18, 1986
- **Citations:** 79 N.C. App. 392; 339 S.E.2d 428; 1986 N.C. App. LEXIS 2070
- **Precedential status:** Published
- **Opinion:** Dissent by Wells
- **Judges:** Arnold, Parker, Wells
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8908154

## Opinion text

Judge Wells
dissenting.
In my opinion, the Commissioners got ahead of themselves. At the time the trustees entered into their three year contract with plaintiff, their authority to manage the hospital had not been revoked other than by implication, which the law does not favor. I would hold that on 6 June 1983, the trustees still retained the authority to contract with plaintiff, and that therefore plaintiff was entitled to partial summary judgment on the issue of breach of his employment contract, leaving only damages to be determined.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8908154. Public record. Not legal advice.