Legal Opinion

Tart v. Walker

Court of Appeals of North Carolina

Decided November 7, 1978No. 7710SC1077PublishedCited by 54 opinions

1Opinion of the Court

ARNOLD, Judge.

Plaintiff relies on the wording of his complaint to support his contention that this is a simple breach of contract action, with jurisdiction in the state courts. The complaint states in pertinent part:

4. The plaintiff and defendant entered into a partnership agreement dated January 1, 1973. On the same date a second agreement was entered into. The second agreement granted the partnership the right to manufacture a farm implement designed and invented by the plaintiff.

5. The second agreement mentioned in paragraph No. 4 above specifically stated that should the partnership…

2Cases cited5 opinions

  1. Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
  2. Coleman v. . WhisnantSupreme Court of North Carolina · 1945
  3. Coleman v. WhisnantSupreme Court of North Carolina · 1945
  4. Odell v. F. C. Farnsworth Co.Supreme Court of the United States · 1919
  5. Buffalo Specialty Co. v. GougarColorado Court of Appeals · 1914

3Cited by54 opinions

  1. Tubiolo v. Abundant Life Church, Inc.Court of Appeals of North Carolina · 2004
  2. Emory v. Jackson Chapel First Missionary Baptist ChurchCourt of Appeals of North Carolina · 2004
  3. Kamakazi Music Corp. v. Robbins Music Corp.District Court, S.D. New York · 1981
  4. Sperry Corp. v. PattersonCourt of Appeals of North Carolina · 1985
  5. State Ex Rel. Cooper v. Seneca-Cayuga Tobacco Co.Court of Appeals of North Carolina · 2009

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