Peed v. Peed

325 S.E.2d 275 (1985)

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Peed v. Peed

North Carolina Court of Appeals
325 S.E.2d 275 (1985)

Facts

During his marriage to Darlene Peed (plaintiff), W. L. Peed (defendant) worked a dairy business. W. L. sold cows involved in this business for $38,000. After the marriage ended, Darlene sued W. L. for $19,000 under the theory that she and W. L. had formed a partnership to operate the dairy business and that she was accordingly entitled to half of the proceeds of the sale. At trial, Darlene testified that she and W. L. had an agreement to operate the dairy together. She also testified that she had invested time and money into the dairy business. Both Darlene and W. L. testified that W. L. had altered the title registration of both the cows and the land the dairy was on to include Darlene as a co-owner of those assets. The trial court issued a directed verdict in favor of W. L., holding that no partnership existed between him and Darlene and, thus, that Darlene was not entitled to any of the proceeds from the sale of the cows. Darlene appealed.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

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