PAUL J. MATHEWSON,
Plaintiff,
v
.
Moore County
No. 01 CVS 1255
STEPHEN CARTER, HOLDEN FARM PROPERTY
MANAGEMENT PARTNERSHIP,
Defendants.
Rodney W. Robinson for plaintiff appellee.
Bruce T. Cunningham, Jr., for Stephen Carter defendant
appellant.
McCULLOUGH, Judge.
Defendant appeals from judgments in plaintiff's favor with
respect to the existence of a partnership between the parties and
the amount of partnership profits owed to plaintiff. We affirm.
In October 2001, plaintiff Paul Mathewson filed a complaint in
Moore County Superior Court against Stephen Carter, Elizabeth
Holden, and Holden Farm Property Management Partnership for breach
of contract and fraud in the misappropriation of partnership funds.
The complaint alleged that Mathewson, Carter, and Holden had
entered into a verbal agreement by which they became partners ofHolden Farm Property Management, and that Mathewson had been denied
his share of the partnership profits.
At trial, Mathewson's evidence tended to show that only he and
Carter were partners of Holden Farm Property Management and that
Holden was not a partner in the business. Therefore, the trial
court granted a motion to dismiss Mathewson's claims against
Holden. The remaining claims were submitted to a jury.
The jury found that there was a verbal partnership agreement
between Mathewson and Carter pursuant to which each of them was to
receive fifty percent of the profits of Holden Farm Property
Management. The trial court entered a judgment consistent with the
jury's verdict, and pursuant to the consent of the parties, entered
an order referring the case to a referee to make a final accounting
and submit a report stating the profits made by the partnership.
The order of reference provided that the referee was not required
to conduct a hearing, receive evidence, or make findings of fact.
In conducting his accounting, the referee met separately with
Mathewson and Carter. Mathewson alleged that $22,000.00 of the
listed partnership expenses were, in fact, personal expenses made
for Carter's benefit. Because of poor record-keeping by Carter,
the referee was unable to independently verify Mathewson's
assertion. Furthermore, Carter did not dispute the allegation that
$22,000.00 of the listed partnership expenses were personal
expenditures for his benefit, but instead continued to contest the
existence of a partnership. The referee submitted a report that
contained two different estimates of the partnership profits. Oneestimate attributed the $22,000.00 to personal expenditures by
Carter and found that Mathewson was entitled to $43,913.48. The
other estimate allocated the expenditures to the business and found
that Mathewson was entitled to $32,687.68.
On 20 January 2004, the referee filed his report with the
Moore County Clerk of Court. Neither party filed an exception
within thirty days of the filing of the referee's report as is
required by N.C. Gen. Stat. § 1A-1, Rule 53(g)(2). On 16 March
2004, the trial court held a hearing on Mathewson's motion to adopt
the referee's report. Following the hearing, the trial court
adopted the higher estimate of partnership profits and entered
judgment for Mathewson consistent with this estimate.
Carter now appeals, contending that the trial court erred by
(1) denying his motion for a directed verdict, and (2) adopting one
of the alternative amounts set forth in the referee's report.
These contentions lack merit.
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