WILDER v. HOBSON

No. 9019SC356.

398 S.E.2d 625 (1990)

101 N.C. App. 199

Henry Lee WILDER, Plaintiff, v. James E. HOBSON, John Castle, Earnest O. Fair, Albert R. Dawkins, Wilbert Torrence, Sr., Edward O. Tracey, Sr., Elisha L. Boyd, Walter D. Tracey, Willie J. Tabor, Harvey Davis, A.M. Hasan and Cal Smith, Jr., Individually and doing business as Safety Taxi, Defendants.

Court of Appeals of North Carolina.

December 18, 1990.


Attorney(s) appearing for the Case

Carlton, Rhodes & Carlton by Gary C. Rhodes, Salisbury, for plaintiff-appellant.

Hancock and Hundley by R. Darrell Hancock and Jennifer B. Flynn, Salisbury, for defendants-appellees.

Caudle & Spears, P.A. by Lisa M. Crotty and Lloyd C. Caudle, Charlotte, for defendant-appellee Willie J. Tabor.

Wyatt Early Harris Wheeler & Hauser by Kim R. Bauman, High Point, for defendant-appellee Harvey Lee Davis.


WELLS, Judge.

Plaintiff contends that the trial court erred in granting defendants' motions for summary judgment since a genuine issue of material fact exists whether "Safety Taxi" constitutes a partnership or a joint venture. Plaintiff contends that even if defendants are not engaged in a classic partnership, a question of fact exists whether defendants held themselves out to the public to be a partnership by filing a certificate of assumed name pursuant to N.C.Gen...

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