s.
PAGE “B"
Council Grants 30-Day Extension In
Settling Community Center Purchase
The town council in a special
meeting last Thursday afternoon
passed a resolution granting a 30-
day extension to C. A. McLaugh- |
lin on payment of the $12,500 bal- '
ance due September 15 on the
former Elks Club building. The
consideration was $100, to be ap
plied to the purchase price if the
transaction is completed as antic
ipated.
Before voting for the resolution.
Councilman L. T. Clark asked
particularly if the extension was
being 'sought by McLaughlin “to
arrange his financing, or because
he doubts that the town can give
him a clear title.” Both reasons
had been advanced by McLaugh
lin and his attorney, Hoke Pol
lock, in requesting the extension
at the regular council meeting
two nights before.
Pollock, who represented his
client at the Thursday meeting,
said both reasons were involved;
but that “if the FHA financing
goes through, and we receive title
insurance, that will satisfy us.”
Mayor Gilmore and others on
, the council agreed with Clark that
“if there is something wrong with
the title, so that we cannot give'
a warranty deed, the best thing
we can do is take the property :
back right now and see if we can
straighten the matter out.” This
would involve re-sale at auction
of the property, on which Mc
Laughlin said he has now placed
$3,000 worth of improvements.
McLaughlin purchased the old
Elks Club building, which later
became the town Community
Building, on September 15, 1954,
through an arrangement by which
he would pay $1,000 during the
first yeEir in installments like
rent, then on September 15, 1955,
pay the balance if he decided to
keep the property.
If the final payment was not
met, or McLaughlin decided he
didn’t want the property, it would
then revert to the Town along
with all improvements.
Early last week McLaughlin ap
proached the town manager and a
couple of the councilmen regard
ing an extension, as he said he
had started negotiations toward
FHA financing but that these had
been delayed. In view of the ar
rangement that had been made,
and the time that had elapsed,
they were against extending the
time and felt the council as a
whole could not approve it.
However, at the town meeting
PoUock threw out a bombshell in
the form of a pronouncement that
the town very likely could not
give clear title to the place. A bid
or bids offered when it was first
advertised for sale had been
turned down, and it was later sold
to McLaughlin without the for
mality of new advertising, which,
the attorney said, the statute re
quires.
McLaughlin’s contract with the
town calls for a warranty deed to
be provided if he met the final
payment when it was due. Pol
lock said he doubted if this could
be provided, and asked that 30
days be allowed to straighteh the
matter out.
W. Lamont Brown, town attor
ney, said he could present the
question to the Attorney General,
but if it was ruled that the title
was not clear the town would
have no choice but to take back
the property. The question then
arose as to which of the contract
ing parties would in such case be
responsible for the $3,000 in im
provements, which Pollock
thought the town should repay.
Improvements or not, Tom E.
Cunningham, the town manager,
was against any form of exten
sion, as contrary to the best in
terests of the taxpayers, and if
there had to be delay while the
mahy questions involved were
studied, that the $12,500 should be
placed in escrow on the due date,
along with the deed, as guarantee
that each p^ty could and would
live up to his end of the contract.
Pollock stated that his client
could produce the money if re
quired, though at a cost of several
! hundred dollars in interest, but if
the town could not give a warrem-
ty deed in exchange, his client
w:ould sue for breach of contract.
Under the statute, he reminded,
it would not be the town that was
sued, but the mayor and town
clerk personally.
The matter ended inconclusive
ly Tuesday night. As earnest of
his ability to meet his end of the
contract, McLaughlin came with
his attorney to the town office
Thursday morning, and counted
out $12,500 in cash. The money,
howeyer, was not required, as the
council decided to grant the 30-
day extension that was asked; to
enable McLaughlin to complete
his financing program “in the in
terest of fairness to all concerned,
and to avoid possible costly litiga
tion.” If the title should retain a
cloud, and title insurance prove
impossible to secure, the property
will be taken back by the Town.
Buster^s Sport Shop
PIGSKIN PICKINS CONTEST
GAMES FOR SATURDAY. OCTOBER Jst
Tennessee
West Virginia
Georgia Tech
U. N. C.
Maryland
Na'vy
Oklahoma
irs. Duke
vs. Wake Forest
vs. S. M. U.
vs. N. C. State
vs. Baylor
vs. South Carolina
vs. Pittsburgh
Circle clearly your selection of all 7 to win. Where
points are given they will figure in determining the team
that wins. Sign your name and address and return to
BUSTER’S SPORT SHOP, or have postmarked not later
than 6:00 p.m. Friday, September 30th. Winners will be
notified that they have won a pair of Custom Tailored
Slacks FREE and to invite' the winners to com^ in and
make their selection of fabrics and be measured. Only
one entry per individual each week.
«
There was not a winner in the contest for the games
played September 17th. The close margin of Maryland's
win over Missouri 13 to 12 upset many contestants.
Name
Address
Buster’s Sport Shop
Downstairs in the Patch Bldg.
CHAS. S. PATCH, Jr., Owner
Telephone 2-8111 Southern Pines
THE PILOT—Southern Pines. North Carolina
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