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WILLIAMS v. BISCUITVILLE, INC.

No. 7715SC1007.

253 S.E.2d 18 (1979)

40 N.C. App. 405

John H. WILLIAMS v. BISCUITVILLE, INC., and Pizzaville, Inc.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Manning, Jackson, Osborn & Frankstone by Frank B. Jackson, Chapel Hill, for plaintiff-appellant.

Vernon, Vernon & Wooten by John H. Vernon, III, and Jeffrey A. Andrews, Burlington, for defendants-appellees.

WEBB, Judge.

Plaintiff's Partnership Claim

In this state, we have the Uniform Partnership Act. G.S. 59-36 provides:

(a) A partnership is an association of two or more persons to carry on as coowners a business for profit.

G.S. 59-37 says in part:

In determining whether a partnership exists, these rules shall apply: * * * * * * (3) The sharing of gross returns does not of itself establish a partnership...

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