GARLOCK v. HENSON

No. 9224DC657.

435 S.E.2d 114 (1993)

112 N.C. App. 243

Michael Ray GARLOCK v. Glenn HENSON and Wayne Phillips.

Court of Appeals of North Carolina.

October 5, 1993.


Attorney(s) appearing for the Case

Chester E. Whittle, Jr., Boone, for plaintiff-appellee.

Jan W. Lamm, Boone, for defendant-appellee Phillips.

Steven E. Lacy, New Bern, for defendant-appellant Henson.


ARNOLD, Chief Judge.

In his first argument, defendant contends that the trial court erred in concluding that he and defendant Phillips were not partners. We do not address this argument because defendant averred in his answer that no partnership existed and cannot now argue to the contrary. This portion of the trial court's judgment will, therefore, not be disturbed.

Defendant next argues that the trial court erred in determining that defendant's conduct constituted...

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