Clapp v. . Mills

Supreme Court of North Carolina
Clapp v. . Mills, 44 S.E.2d 448 (N.C. 1947)
228 N.C. 78; 1947 N.C. LEXIS 540
DbviN

Clapp v. . Mills

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.

Reference

Full Case Name
EDGAR R. CLAPP, Administrator C. T. A. of the Estate of ELLA CLAPP THOMPSON, Deceased, v. MARSHALL F. MILLS and VICTOR MICA COMPANY
Cited By
1 case
Status
Published