Legal Opinion

Simmons v. Quick-Stop Food Mart, Inc.

Supreme Court of North Carolina

Decided November 3, 1982No. 144PA82PublishedCited by 12 opinions

1Opinion of the Court

MARTIN, Justice.

The first question this Court must decide is whether the Court of Appeals erred in concluding that Wood’s conveyance of the property to “Johnny L. Wood and Oscar Harold Simmons d/b/a Wood and Simmons Investments, a partnership,” conveyed title to the partnership in the partnership name. We find that it did so err, and we reverse.

On 21 May 1970, Wood and Oscar Harold Simmons created a partnership by executing a partnership agreement. On the same day Wood conveyed the property at issue in this case to the partnership. As Mr. Simmons stated, “I agreed with Johnny L. Wood to form…

2Cases cited6 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. McNair v. BoyetteSupreme Court of North Carolina · 1972
  3. Bourne v. LAY & COMPANYSupreme Court of North Carolina · 1965
  4. Goldberg v. GoldbergSupreme Court of Pennsylvania · 1953
  5. SMITHFIELD OIL COMPANY v. FurlongeSupreme Court of North Carolina · 1962

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Magers v. Thomas (In Re Vannoy)United States Bankruptcy Court, M.D. North Carolina · 1994
  2. Department of Transportation v. Nelson Co.Court of Appeals of North Carolina · 1997
  3. Commonwealth Land Title Insurance v. Miller (In Re Project Homestead, Inc.)United States Bankruptcy Court, M.D. North Carolina · 2007
  4. Dayton Securities Associates v. Morgan Guaranty Trust Co. of New York (In re Securities Group)Court of Appeals for the Eleventh Circuit · 1991
  5. In Re Securities GroupCourt of Appeals for the Eleventh Circuit · 1991

7 more not listed; retrieve them via the Exa API.

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