LEATHERMAN v. LEATHERMAN

No. 27.

256 S.E.2d 793 (1979)

297 N.C. 618

Bessie LEATHERMAN v. Floyd Herman LEATHERMAN and Leatherman, Inc.

Supreme Court of North Carolina.

July 30, 1979.


Attorney(s) appearing for the Case

Rudisill & Brackett by Charles W. Childs, Jr., and J. Steven Brackett, Hickory, for plaintiff-appellant.

Patton, Starnes & Thompson by Thomas M. Starnes, Morganton, for defendants-appellees.


BRITT, Justice.

Plaintiff contends the Court of Appeals erred in failing to uphold the constructive trust imposed by the trial court on the stock holdings of defendant in the corporation. In its decision the Court of Appeals held that plaintiff had failed to show from the facts and circumstances that a "special contract" existed between herself and defendant which entitled her to compensation for work performed for the business; therefore, her claim of legal ownership...

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