Simmons v. Quick Stop Food Mart, Inc.

HILL, Judge.

On 21 May 1970 Johnny L. Wood [hereinafter referred to as Wood] and Oscar Harold Simmons [hereinafter referred to as Simmons] executed a partnership agreement creating Wood and Simmons Investments [hereinafter referred to as the partnership]. This agreement was never recorded, nor was the partnership name registered. On the same day, Wood conveyed to “Johnny L. Wood and Oscar Harold Simmons d/b/a Wood and Simmons Investments, a partnership” two tracts of land along North Carolina Highway 87 in Cumberland County, on which was situated a store building. On 28 May, a lease was…