Newspapers / The Kings Mountain Herald … / July 8, 1965, edition 1 / Page 16
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This Is The Law By ROBERT E. LEE (For the N. C. Bar Association) SPECIFIC PERFORMANCE OF CONTRACT Alexander offered for sale in his store several items of mer- RE-OPENING DOT'S FLOWERS On Bethlehem Road Formerly Owned By Mrs. Charlie Blalock PHONE 739-2493 4:29-tfii chandise, all of which were exactly alike. Batts paid the ask ing price for one of these Items, and Alexander promised to de liver the same to the home of Batts. The promised delivery has never been made. May Batts by a legal proceeding force Alexan der to deliver the purchased item? No. There is no legal means : by which Balts can get the pur- i chased merchandise. His only remedy is to sue Alexander and obtain against him a iudgment for damages resulting from the breach of contract. A judgment obtained for mone tary damages may be satisfied I from any real or personal proper- I ty that the judgment debtor owns. If the iudgment debtor has ' neither real nor personal proper ty out of which a judgment can I b(' satisfied, the securing of a ! judgment may be a barren vic tory. There can be no imprison ment for breach of an ordinary contract. All states have statutes known . as exemption laws, which pro vide that no matter how just an ohligation may be, certain prop erty cannot be levied upon to satisfy a judgment. In North Carolina a judgment debtor may claim a ptnsonal property exemp tion of five hundred dollars and : a home.stead exemption in -eal ' property of one thousand doi-urs. i Only in exceptional cases will a court order a person to do the j very thing he has bargained to I do in respect to a sale of person al property. In our sy.stem of law damage.s as compensation for breach is the normal remedy The theory is that in most cases in- ! volving items of personal proper ty the disappointed buyer can I go into the market and buy a I similar article with the money damages he has been allowed for the breach of the contract. « « * Cherry orally agrees to sell an heirloom to Fisher. If Cherry sub- sequently decides not to part with the heirloom, may Fisher by a legal proceeding force | Cherry to deliver to him the heir- .- loom? I Yes. This is one of the rare and , exceptional instances where the defaulting party to a contract, involving the sale of personal property, will be required by court order to do the very thing that he had bargained to do. It is an c'quitable remedy known to law yers as “specific performance.” The remedy of "specific per formance” will not be granted if the injured party can obtain at law an adequate remedy in the form of a judgment for money damages. The item of personal property must be of an unique character, such as a specific painting or an heirloom, the value of which, either from its beauty, the interest attaching to it, or some other cause, cannot be represented by damages. Hobson agrees in writing to convey his farm Whiteacre to Kinlow for a stipulated price, if Watched Clock Most Accuiate The world's most watched clock is also the wocld's most ac curate in public view, according to Lryan Houck, local telephone manager. It’s located at AT & Hobson refuses to deliver to Kin- low a deed to the land upon Kin- low’s tender of the purchase price, may Kinlow by legal pro ceeding require him to do so? Y'es. Courts will always grant specific performance of contracts involving the sale of land. Aside 1 from historical reasons, this is on the theory that every piece of land is unique and impossible of duplication by the use of any amount of money obtained in compensatory damages. One wlio has agreed to buy a particular piece of land may be unable to get its exact counterpart else where, with the same surround ings and conveniences. Ts 195 building at thecomer of FMlton and Broadway in New York City where thousands of passersby glance at it each day to check their own timepieces. Houck stated that it is adjust ed to Official U. S. Time deriv ed from, astronomical observa tions at the National Observa tory in Washington, D. C. The AT & T wi-ndow clock, de signed by Bell T abs, went into service on Nov. 9, 1939. .Since then, it has not varied from of ficial time by more than 5/lOOths c'f a second. The Bell Telephone System now shews a gross plant invest ment of $15,S for each man, wom an and child in the United States, in contrast to an average of a- bout $4 in 1946. The number of Bell telephones now in use tops 71 million, with about 80 per cent of all U. S. homes now served by ttelephones. More than two-thirds of the homes with telephones now have individual private lines, co.npar- ed with only one-fourth in 1946. Musical Comedy Opens July 13 In Chailotte STOCK UP TODAYl at iuDon CENTER CUT MILKl’FfD VEAL Ja GREEN STAMPS With this coupon & purchase of E>LX*Ry% ^ GREEN STAMPS With this coupon & purchose of EXTRA LARCe BAN ROLL ON Deodorant' VOID AFTER JULY IOTH RIB CHOPS.. -TOc CENTER CUT MILK FED VEAL LOIN CHOPS.. ■ 89c TASTY MfLK FED SHOUbSER VEAL CHOPS.. • 49c DELICIOUS MILK FED VEAL CUTLETS ■ 99c FINEST MILk FED VEAL I - CUBE STEAKS. ■ 99c . BONELESS MILK F^D VEAL STEW... ■ 49c FJ.AVORSOME MILK FED .c ” VEAL PATTIES 39c STUFFED MILK FED VEAL BREAST . 33c FRESH TENDER QUALITY MILK >ED VEAL ROAST.. ^ 43c FRESH QUALITY MILK^ED GROUND VEAL GREEN STAMPS With this coupon & purchose of S2-OZ. SIZE CAPRI Both Oil VOID AFTER JULY IOTH AT YOUR LOCAL Wlww-eiXtB ■ Ax GREEN STAMPS With this coupon & purchase of 12-OZ. SIZE GULF Insecticide I W M Ax GREEN STAMPS With this coupon & purchose of ONE 2-LB. PKG, TRADE WINDS Shrimp VOID AFTER JULY tOTM *r TOUR LOCAL wiww-Bnne . Ax GREEN STAMPS ■With this coupon & purchose of ^ TWO 1-LB. PKCS. TASTE O' SEA FULL QUARTER SLICED PORK LOIN -59 Ml AT ■»29’ W-D FRYING CHICKEN Limit 3, Please W-D CRY-O-VAC Perch Fillets I W iE>CLTR/% M Ax GREEN STAMPS With this coupon & purchose of TWO 13-OZ. PKGS. MORTON'S DANISH Pecan Twist BACKS-10 SKINLESS DEVEINED SELECT SLICED BEEF LIVER - 49 Limit 1 of your choice with a $5. or more order. BLUE OR WHITE ARROW RiNSO BLUE I W M Ax GREEN STAMPS With this coupon & i>urchase of SIX tO-OZ. PKGS ASTOR CHOPPED SPINACH, LEAF SPINACH, OR GREEN PEAS VOID AFTER JULY IOTH AT VOUH LOCAL WIWM»PIXIK IW Ax GREEN STAMPS Wlih this coupon & purchase of 2>LB. CUP SOPERBRAND COTTAGB Cheese VOID AFTER JULY IOTH AT VOUN LOCAL WIMM-BIXIK DETERGENT - 39 '^ 59 PINT JAR 19 DEEP SOUTH OR DUKE'S . . Limit one of your choice with o $5. order MAYONNAISE SOUTH CAROLINA GRADE LARGE PALMETTO FARMS Ax GREEN STAAAPS With this coupon & purchose of 5-LB. PKG. W-D GROUND Beef E]^TR/ik. Ax GREEN STAMPS With this coupon & purchase of PKG. TALMADQE CENTER OF ECONOMY Sliced Ham VOID AFTER JULY IOTH AT YOUR LOCAL WINN-DIXIE EGGS 2^79 Roll ^ SCOTT WHITE ASSORTED TISSUE ASTOR DRIP, REGULAR OR FINE . . (Limit COFFEE 59 4 89' 4 No. 2 $-|00 Cons I With purchases) THRIFTY MAID SLICED OR HALVES PEACHES THRIFTY MAID SLICED OR CRUSHED PINEAPPLE . > . DIXIE DARLING SANDWICH LOAF BREAD .... 19' THRIFTY MAID EARLY JUNE OR SWEET PEAS . . 4 59' 50 FREE STAMPS WITH PURCHASE OF 12 CANS CHEK DRINKS ... 6 49' COFFEE Limit 1 of your choice with o $5. order ASTOR MAXWELL HOUSE 6-oz. 6-oz. m Jar Vw ■ ■ Jar fw ATC green STAAAPS wmi rm cexi>m funchmi gp A $10.00 or More Order FREE at your Kings Mtn. Winn Dixie Store. Void Alter July 10. 196S FIRM, RIPE SANTA ROSA '' Plums2^^35<^ THRIFTY MAID . . VANILLA, CHOCOLATE, FUDGE ROYALE ICE HAILK 39 LARGE FIRM HEAD LETTUCE liTTiii"'ii' 'iiiilB'WM The Charlotte Summer Theater production of the musical-comedy hit “A FTmny Thing Happened on the Way to the Forum", star ring Phil Fo.ster, opens Tuesday evening, July 13 and runs through Sunday afternoon, July 18 at Ovens Auditorium in Char lotte. Phil Fo.ster, star of "A Funn' Thing Happened on the Way to the Forum”, is known acro.ss the United States as one of America’s funniest comics from his succes sion of immensly successful ap pearances on "The Tonight Show”, the Ed Sullivan Show, the Perry Como Show, and the Garry Moore program, among others. A veteran of the vaudeville school of cOiTiedy, Foster's broad and warm brand of wit has made him a favorite also in the country’s leading nightclubs — the Fon tainebleau, the Latin Quarter and the Copacabana, to name but a few. "A Funnv Tniii;; Hant>ened or the Way to the Forum” comes to the Charlotte Summer Theater after three smash years on Broadway and a l-inm-h-int n- tional tour. Burt Shevelove and Larry Gelbart, who have created programs for video’s top comedi ans — Art Carney, Bob Hope and Sid Caesar — winning the Em my, the Christopher and Sylvania Awards, teamed up to write the ■cript of non-slop laughs for "A Funny Thing Happened on the Way to the Forum”. Stephen Sondheim, the brilliant young lyricist responsible for "West Side Story” and ’’Gypsy’’, created both music and lyrics for this bawdy mu.sical hit. "A Funny Thing Happened on the Waj- to the Forum” is a Roman romp -set in the days when men were master and their wily women let them think so. Phil Foster play.- , the part of Pseudolus, a zany slave who serves two mislic.sse' laughter and love, and surround hirnsclf with an array of liisi iou'-- ladies to do liis bidding. How he gains his freedom from Ills kind keeper, the hand.-iome Hem, and plays cupid to all of Rome makes for a naughty musical- comedy filled with bubbling burlesque and mirthsome song and dance. Among the song show-stoppers are "Comedy To night", "Everybody Ought to Ha\’e a Maid", "Bring Me My Bride' and "That Dirty Old Man”. Featured in the cast of ".\ Fun ny Thing Happened on the Way to the Forum” are comediaM* actor Woody Romoff, who has appeared on Broadway in such successes as ’’Carnival”, ".She Loves Me’’ and “Irma La Douci-". and Geoffry Webb, J. David Kir by, Melissa Lee Davis, June Kennedy, Ben Truluck. Grant Eastham and Robert Kellogg. Performances for “A Funny Thing Happened on the Way to the Forum” are at 8;30 pin. Tuesday through Saluiday men ings and at 2:30 p.m. lor the Sat urday and Sunday matinees, JnJv 17 and 18. There is still lime to i ^ tin current production of "(’.iruuser starring Bill ILaycs, whuh runs through the Sunday matinee July II. The box iiffice of the Charlotte Summer Theater i» open at Ovens Auditorium dail' and Sunday from 10 a m. lo 10 p.m. Re.servations are also avail able by phone — 376-4821 — and Seel Pioducei # Sfleied Plan People who grow beef cattle soon discover that they need pens ind equipment for hulding, sort ing and working ealtle. To help meet this need, exten sion agricultural engineers at North Carolina State University at Raleigh have de.signed a plan tor a beef cattle corral. H. R. Clapp. Cleveland County extension chairman, .says a free copy of the plan may be obtain ed from the local county exten sion office. f)r, if it is not con- venient to come by the exten ion office, a copy of the plan may be obtained by writing directly to the Extension .^gricullural Engi neer, N. C. State University, Ra- teigli, N. ('.Ask for Plan No. 41,'), Mr. Clapp cites numerous u.ses I that can be made of a corral and handling facility. It is of value for castrating and dehorning calves as well as for vaccinating, spraying, d u s t i n g, drenching, branding, perfu-mance testing, and artificiallv in.seminating cat tle. Williout adequate facilities a catlleman has a lca:ieney to overlook minor aliments which may bccu:iie major problems, .Mr. Clapp points out. T!ie e.xlra labor needed lo handle cattle '.vithout adr;;u.ite facilities will ;ay lor a good corral, Mr. Clapp added. The plan which the Extension h'lvice has for beef p.oducers i.is been designe.l a.-i-ording to he needs of North I’aroliiia i-al- Union. If you need a handling acilitv. why not chlain a copy if liip plan and look it over. by m;iil. The next .•illraGioii ;it the iliarintte Tl-.eaier is " High ’.piiitr” starring Dcrolhy Loudon, luly 21) througli 2.’>. 30X OFFICF. OPENS AT 6:30 SHOW STARTS AT 7:45 Hossemex C?ly - Ixjn'^s rionnfcin DRIVE-IN THEATRE ALWAYS $1,00 A CARLOAD WCD.-THURS. — 3 HORRORS — No 1 — ^■DAY OF TRIFFIDS" _ No. 2 _ ' ^THE RAVEN" — No. 3 — ■’CIRCUS OF HORROR'J^ FRI.-SAT. — 3 IN COLOR — No 1 — "A SUMMER PLACE'^ — No. 2 — "McLINTOCK" — No. 3 — "TARZAN'S _ 3 CHALLENGES" ON SAT. MOVIES RUN IN _ kkvkr.se order SUN.-MON.-TUE5.-WED. 3 IN COLOR — No. 1 — "NEV; INTERNS" - No. 2 — "KIMBERLY JIM" — No. .3 — "NUTTY PROFESSOR" ON WEL .\T0VIE8 RUN IN itKVEK.^E ORDER WED.-THURS.-FRI.-SAT. JAMES BOND IS BACK IN ACTIONf tym-'r.':-’! alert RKiimi SUN.-MON.-TUES. ■■MMljtaiailW ^mmep WATCH FOR !• '.‘.52^ Bikini" 2. "The Art of Love" Jewels" 4. "The Yellow Rolls Royce" 5. "McHale's Navy Joing The Air Force"
The Kings Mountain Herald (Kings Mountain, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 8, 1965, edition 1
16
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