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upr000101-182
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I agree.V vV GUILFORD WATER C § . vs. GUILFORD l4l~ Atlantic~880~ Water Company and a property owners association entered into a contract whereby the former was to furnish water to the latter, necessary construction to be-paid for by bonds of the AssociatiQn. The water mains were said to be the property of the Association and were leased to the Company, and-wM-etf^toecome company property when paid for. Payment was to be from such, revenues as exceeded 18 percent of the Company’s investment (obligatory) and from any other moneys which the Company desired to spend for this purpose (optional). • Mains were constructed pursuant to.the contract and the defendant town included the same on ? its tax listj Such action being challenged by the plaintiff. .0 The court in holding that the owrierJ of the pipe lines was In the Association andN^-n the Company, the transaction being a sale and not a mortgage, stated that the pipe lines were personal property on the authority of 8l Atlantic, 1027; 63 Atlantic, 723. ? - Held: The Company was not liable for the tax. | if? ,"v 1 -2- /