KEITH v. LEE

No. 454.

97 S.E.2d 859 (1957)

246 N.C. 188

G. E. KEITH v. Theado LEE and wife, Queen Lee.

Supreme Court of North Carolina.

May 1, 1957.


Attorney(s) appearing for the Case

Sam J. Morris, Wright T. Dixon, Jr., Raleigh, for plaintiff-appellant.

Taylor & Mitchell, Raleigh, for defendants-appellees.


WINBORNE, Chief Justice.

Defendants, appellees, file in this Court demurrer ore tenus to the complaint, that is, that the complaint fails to state a cause of action. The demurrer is not well taken. It is based upon false premise that the contracts here involved create as between plaintiff and defendants an agricultural partnership. But this is not true for the statute, G.S. § 42-1, originally enacted in 1868-9, Chapter 156, Section 3, and brought through...

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