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HARRELL OIL CO. OF MOUNT AIRY v. CASE

No. COA00-34.

543 S.E.2d 522 (2001)

HARRELL OIL COMPANY OF MOUNT AIRY, Plaintiff, v. Albert CASE and wife, Brenda Case; Elizabeth Case Stanley and husband, John Stanley, Defendants.

Court of Appeals of North Carolina.

March 20, 2001.

Attorney(s) appearing for the Case

Faw, Folger, Johnson & Campbell, L.L.P., by Fredrick G. Johnson and Hugh B. Campbell, III, Mount Airy, for plaintiff-appellee.

Harry B. Crow, Jr., for defendants-appellants.

HUDSON, Judge.

Plaintiff filed a complaint on 7 November 1995 alleging that the four named defendants were jointly and severally liable, as co-owners of Lowgap Grocery & Grill (the business), for a debt arising from outstanding payments on the purchase of fuels from plaintiff. The trial court held that John Stanley was entitled to a directed verdict because he was not a partner in the business, and that the remaining defendants, Albert Case, Brenda Case, and Elizabeth...

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