North Carolina Business Litigation Report

Azalea Garden Board & Care, Inc. v. Vanhoy, February 28, 2008 (Tennille)(unpublished)

Defendants moved to dismiss on the ground that their signatures did not appear on the agreement which was the subject of the suit.  The Court denied the motion based on plaintiff's claim that the defendants were co-adventurers.  Since adventurers in a joint venture are treated as partners in a partnership, the signature of one alleged co-adventurer was sufficient to bind all. 

The Court also found a question of fact on whether the contract had been executed under seal so as to make applicable the ten year statute of limitations of N.C. Gen. Stat. §1-47(2).

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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