DUBOSE STEEL, INC. v. FAIRCLOTH

No. 8210SC88.

298 S.E.2d 60 (1982)

59 N.C. App. 722

DUBOSE STEEL, INC. v. L.W. FAIRCLOTH and Betty Faircloth.

Court of Appeals of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Kimzey, Smith & McMillan by Stephen T. Smith, Raleigh, for plaintiff-appellant.

Smith & Dickey by W. Ritchie Smith, Jr., Fayetteville, for defendant-appellee.


ARNOLD, Judge.

Plaintiff makes two arguments on appeal to hold defendant Betty Faircloth liable. It contends that she is liable because she accepted the benefits of the transaction or under a partnership theory.

Plaintiff first argues that because Betty retained some benefit from the transactions in this case that she is liable for the debts of the business. This argument is an apparent attempt to show that L.W. was an agent of the principal Betty.

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