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228 N.C. 78

44 S.E.2d 448

Clapp v. . Mills

Supreme Court of North Carolina

Decided October 15, 1947

Supreme Court of North Carolina · decided 1947-10-15

Good law ✅— No negative treatment on recordhow we know

Decided 1947-10-15

How this case has been cited

Cited by 4 later decisions — most recently August 1976

4 state decisions

201947195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DbviN, J.

¶1 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.

¶2 Tbe judgment sustaining tbe demurrer is

¶3 Beversed.

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