L.J. BEST FURNITURE DISTRIBUTORS, INC. v. CAPITAL DELIVERY SERVICE, INC.

No. 9118DC1055.

432 S.E.2d 437 (1993)

L.J. BEST FURNITURE DISTRIBUTORS, INC., Plaintiff, v. CAPITAL DELIVERY SERVICE, INC. & Duncan Transportation Inc., Defendants.

Court of Appeals of North Carolina.

August 3, 1993.


Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Daniel M. Sroka, Greensboro, for plaintiff-appellee.

Scott, Hill, Hovis & Lutz by Frederick S. Lutz, High Point, for defendants-appellants.


ORR, Judge.

The undisputed facts show that in 1982 or 1983, Jerry Duncan and Joe Peace, Jr. formed Capital Delivery Service, Inc., a trucking company, in which Joe Peace, Jr. and Jerry Duncan were the only officers and the only shareholders, each owning fifty percent of Capital's stock. Jerry Duncan's wife, Jo Anne Duncan, leased trucks to Capital which she had owned prior to Capital's creation. Additionally, Jo Anne Duncan...

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