SILVERTHORNE v. MAYO

No. 17.

77 S.E.2d 678 (1953)

238 N.C. 274

SILVERTHORNE v. MAYO et al.

Supreme Court of North Carolina.

September 30, 1953.


Attorney(s) appearing for the Case

Rodman & Rodman, Washington, for appellant.

James W. Keel, Jr., Rocky Mount, John A. Mayo, Carter & Ross, Washington, for appellee.


DENNY, Justice.

The plaintiff and the defendants concede that the partnership agreement under consideration is a valid, binding and enforceable contract as a partnership settlement. The plaintiff, however, contends the agreement is testamentary in character and void in so far as it directs that the payments provided therein shall be made to the widow of the deceased partner. Therefore, he takes the position that the balance due under the agreement must be paid to...

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