Legal Opinion

Lake Colony Construction, Inc. v. Boyd

Court of Appeals of North Carolina

Decided June 7, 2011No. COA10-959PublishedCited by 4 opinions

1Opinion of the Court

GEER, Judge.

Plaintiff Lake Colony Construction, Inc. appeals from a judgment determining that it entered into a joint venture with defendant Lake Colony Partners, LLC and, therefore, was solely a judgment creditor whose rights to the proceeds from certain real property were subordinate to three deeds of trust. Because the parties’ contract expressly stated the parties’ intent to form a “joint venture” and further provided for the sharing of profits and that each had the right to direct the other’s conduct in some measure, we hold that the trial court properly construed the contract as…

2Cases cited15 opinions

  1. Lane v. ScarboroughSupreme Court of North Carolina · 1973
  2. Southeastern Shelter Corp. v. BTU, INC.Court of Appeals of North Carolina · 2002
  3. Pike v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1968
  4. Davison v. Duke UniversitySupreme Court of North Carolina · 1973
  5. Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979

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3Cited by4 opinions

  1. Higgs v. Brian Ctr. Health & Retirement/Windsor, Inc.District Court, E.D. North Carolina · 2019
  2. Can-Dev, Ulc v. Ssti Centennial, LLCNorth Carolina Business Court · 2018
  3. Guerra v. Harbor Freight ToolsCourt of Appeals of North Carolina · 2023
  4. Vitaform, Inc. v. Aeroflow, Inc.North Carolina Business Court · 2020

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