Court of Appeals of North Carolina February 16, 1982, 8112DC438 (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.