Supreme Court of North Carolina, 1947

Clapp v. . Mills

Clapp v. . Mills
Supreme Court of North Carolina · Decided October 15, 1947 · DbviN
44 S.E.2d 448; 228 N.C. 78; 1947 N.C. LEXIS 540 (South Eastern Reporter, Second Series)
Clapp v. . Mills

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Opinion of the Court

DbviN, J.

Plaintiff alleged a cause of action against tbe defendant Mills under a written mining lease or contract, and also alleged that-tbe corporate defendant “was a silent partner witb its co-defendant Mills,” and shared in tbe profits under tbe lease. We tbink this allegation sufficient to import liability on tbe part of tbe corporate defendant for obligations incurred under tbe contract sued on, and to withstand a demurrer. Winston v. Lumber Co., 227 N. C., 339, 42 S. E. (2d), 218;. Blackmore v. Winders, 144 N. C., 212, 56 S. E., 874.

Tbe judgment sustaining tbe demurrer is

Beversed.

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