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SIMMONS v. QUICK-STOP FOOD MART, INC.

No. 144PA82.

296 S.E.2d 275 (1982)

Jacqueline B. SIMMONS v. QUICK-STOP FOOD MART, INC.

Supreme Court of North Carolina.

November 3, 1982.

Attorney(s) appearing for the Case

J. Gates Harris, Red Springs, and Thomas H. Finch, Jr., Spring Lake, for plaintiff-appellant.

Ervin I. Baer and Christopher B. Godwin, Butler, High, Baer & Jarvis, Fayetteville, for defendant-appellee.

HARRY C. MARTIN, Justice.

The first question this Court must decide is whether the Court of Appeals erred in concluding that Wood's conveyance of the property to "Johnny L. Wood and Oscar Harold Simmons d/b/a Wood and Simmons Investments, a partnership," conveyed title to the partnership in the partnership name. We find that it did so err, and we reverse.

On 21 May 1970, Wood and Oscar Harold Simmons created a partnership...

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