SCHLIEPER v. JOHNSON

No. COA07-1476.

672 S.E.2d 548 (2009)

Richard SCHLIEPER and Wayne Pyrtle, Plaintiffs, v. Horace M. "Jay" JOHNSON, Jr., and Axiom Intermediaries, LLC, Defendants.

Court of Appeals of North Carolina.

February 3, 2009.


Attorney(s) appearing for the Case

Forman Rossabi Black, P.A., by Amiel J. Rossabi and S. Brian Walker, Greensboro, for plaintiffs-appellants.

Ragsdale Liggett, PLLC, by Mary Hulett, Jon David Hensarling and Amie C. Sivon, Raleigh, for defendants-appellees.


STEELMAN, Judge.

Where the calculations of the amounts to be paid to plaintiffs under an Agreement to Terminate were set forth with clarity and specificity, the trial court did not err in dismissing plaintiffs' claims for fraud and negligent misrepresentation. Plaintiffs' claims for 2005 profit distributions were barred by the Agreements to Terminate. Where the pleadings clearly reveal that plaintiffs were employees and not partners in a business, the complaint fails...

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