Williams v. Biscuitville, Inc.

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 co-owners 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, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.(4) The receipt by a person of a share of the profits of a business is…