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INVESTORS TITLE INS. CO. v. HERZIG

No. 8614SC500.

350 S.E.2d 160 (1986)

83 N.C. App. 392

INVESTORS TITLE INSURANCE COMPANY v. David F. HERZIG, Jerry S. Chesson, Southeastern Shelter Corporation, Lee L. Corum, and Everett, Creech, Hancock & Herzig, a Partnership.

Court of Appeals of North Carolina.

November 25, 1986.

Attorney(s) appearing for the Case

Mount White Hutson & Carden by James H. Hughes and Stephanie C. Powell, Durham, for plaintiff-appellant.

Boyce, Mitchell, Burns & Smith by G. Eugene Boyce and Susan K. Burkhart, Raleigh, for defendants-appellees.

EAGLES, Judge.

Plaintiff's claims against the defendant partnership are based on the premise that defendant Herzig was acting as an agent of the partnership when he certified title to the plaintiff. Specifically, plaintiff contends that Herzig executed the title certificate in the name of the partnership "for apparently carrying on in the usual way the business of the partnership" and had apparent authority to bind the partnership under G.S. 59-39(a). Plaintiff also...

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