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NC General Statutes

N.C. Gen. Stat. § 42-1 (2026)

Lessor and lessee not partners

✓ current as of July 2026
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No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration, shall be held a partner of the lessee. (1868-9, c. 156, s. 3; Code, s. 1744; Rev., s. 1982; C.S., s. 2341.)

 

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1950–2025 · leading case: Marshall v. Miller, 276 S.E.2d 397 (N.C. 1981).
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Marshall v. Miller, 276 S.E.2d 397 (N.C. 1981). “§ 42-1 lOg (West Cum. Supp. 1980) (punitive damages in the discretion of the court); Ga.”
Johnson Ex Rel. Dickson v. Gill, 68 S.E.2d 788 (N.C. 1952). “Also in this State it is provided by statute, G.S. 42-1, that “No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration,…”
Keith v. Lee, 97 S.E.2d 859 (N.C. 1957). · cites it 2× “But this is not true for the statute, G.S. 42-1, originally enacted in 1868-9, Chapter 156, Section 3, and brought through various codifications as The Code, Section 1744, Revisal Section 1982, and Consolidated Statutes Section 2341, declares that “No lessor of property, merely…”
Perkins v. Langdon, 57 S.E.2d 407 (N.C. 1950). “After interposition of the demurrer, counsel for plaintiffs argued that the terms of the lease were such as to constitute a joint enterprise, and therefore the lessor and the lessees were operating the warehouses as partners.”
Cutter v. Vojnovic (N.C. 2025). · cites it 3× “at 45 ; see also N.C.G.S. §§ 42-1, 59-37(4)(a) (2023). Moreover, the Johnson language is not in conflict with the NCUPA as analyzed above.”
Hayward Indus., Inc. v. BlueWorks Corp. (W.D.N.C. 2024). “§ 42-1. As of May 01, 2024, Plaintiff is therefore entitled to $1,320,986.”
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