Clapp v. . Mills

44 S.E.2d 448, 228 N.C. 78, 1947 N.C. LEXIS 540

• Court: Supreme Court of North Carolina
• Decided: October 15, 1947
• Status: Published

Opinion

DbviN, J.

Plaintiff alleged a cause of action against tbe defendant Mills under a written mining lease or contract, and also alleged that-tbe corporate defendant “was a silent partner witb its co-defendant Mills,” and shared in tbe profits under tbe lease. We tbink this allegation sufficient to import liability on tbe part of tbe corporate defendant for obligations incurred under tbe contract sued on, and to withstand a demurrer. Winston v. Lumber Co., 227 N. C., 339, 42 S. E. (2d), 218;. Blackmore v. Winders, 144 N. C., 212, 56 S. E., 874.

Tbe judgment sustaining tbe demurrer is

Beversed.