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TART v. WALKER

No. 7710SC1077.

248 S.E.2d 736 (1978)

38 N.C. App. 500

Leo H. TART v. Derl WALKER and Deryl Walker & Sons Enterprises.

Court of Appeals of North Carolina.

November 7, 1978.

Attorney(s) appearing for the Case

Huggard & Sullivan by John P. Huggard, Raleigh, for plaintiff-appellant.

William L. Powell, Jr., Goldsboro, for defendant-appellee.

ARNOLD, Judge.

Plaintiff relies on the wording of his complaint to support his contention that this is a simple breach of contract action, with jurisdiction in the state courts. The complaint states in pertinent part:

4. The plaintiff and defendant entered into a partnership agreement dated January 1, 1973. On the same date a second agreement was entered into. The second agreement granted the partnership the right...

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