Keith v. Lee

Defendants, appellees, file in this Court demurrer ore tenus to the complaint, that is, that the complaint fails to state a cause of action. The demurrer is not well taken. It is based upon false premise that the contracts here involved create as between plaintiff and defendants an agricultural partnership. But this is not true for the statute, G.S. 42-1, originally enacted in 1868-9, Chapter 156, Section 3, and brought through various codifications as The Code, Section 1744, Revisal Section 1982, and Consolidated Statutes Section 2341, declares that “No lessor of property, merely by reason…