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
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