Court of Appeals of North Carolina, 1973

Henry v. Shore

Court of Appeals of North Carolina · Decided June 13, 1973 · No. 7320SC262 · Campbell, Morris, Parker

197 S.E.2d 270; 18 N.C. App. 463; 1973 N.C. App. LEXIS 1903 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Hill v. Pinelawn Memorial Park, Inc. (N.C. Ct. App. 1981)
Hill v. Pinelawn Memorial Park, Inc. (N.C. Ct. App. 1981)
Britt v. Allen (N.C. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

CAMPBELL, Judge.

There was no error in dismissing this action as to all defendants. The summary judgment in favor of Shore was correct for that there was no contract in writing pertaining to the conveyance of the realty as required by North Carolina General Statutes 22-2. “A wholly unexecuted parol contract to sell land is void.” Riggs v. Anderson, 260 N.C. 221, 132 S.E. 2d 312 (1963).

With regard to the Talberts, Miller, and the Savings and Loan Association, the North Carolina registration statute, G.S. 47-18, is controlling. Bruton v. Smith, 225 N.C. 584, 36 S.E. 2d 9 (1945); Eller v. Arnold, 230 N.C. 418, 53 S.E. 2d 266 (1949).

Affirmed.

Judges Morris and Parker concur.

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