# Cleland v. Children's Home, Inc.

> Court of Appeals of North Carolina · September 20, 1983 · 64 N.C. App. 153

URL: https://www.frixlaw.com/law-library/cases/9853218

## Case

- **Full name:** GEORGE M. CLELAND, Administrator C.T.A. of the Estate of W. BRYAN WHITE and DOROTHY S. WHITE v. THE CHILDREN’S HOME, INC.
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 20, 1983
- **Citations:** 64 N.C. App. 153; 306 S.E.2d 587; 1983 N.C. App. LEXIS 3241
- **Precedential status:** Published
- **Opinion:** Dissent by Webb
- **Judges:** Hedrick, Webb, Hill
- **Cited by:** 34 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/9853218

## Opinion text

Judge Webb
dissenting.
I dissent. I believe the words of the contract can be interpreted without resort to a jury trial. The contract provides that the property shall be conveyed “free and clear of all liens and encumbrances, except . . . 1978 ad valorem taxes on any portions of said property which are subject to taxation, such taxes to be prorated, on a calendar year basis, as of the date of closing.” As I understand this language it provides that there are no encumbrances on the land except possibly 1978 ad valorem taxes. If there were any 1978 taxes on the property the taxes were to be apportioned. There were 1978 ad valorem taxes on the property and the taxes should have been apportioned. I believe the parties did not anticipate what happened. If they had done so we do not believe they would have closed the transaction before 1 July 1978. Nevertheless, the parties did close before 1 July 1978 making the property subject to 1978 ad valorem taxes. The contract provides that in such event the taxes were to be prorated. I vote to affirm the judgment of the Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9853218. Public record. Not legal advice.