Henry v. Shore

Court of Appeals of North Carolina
Henry v. Shore, 197 S.E.2d 270 (1973)
18 N.C. App. 463; 1973 N.C. App. LEXIS 1903
Campbell, Morris, Parker

Henry v. Shore

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.

Reference

Full Case Name
JAMES B. HENRY, SR., and ERNEST L. RIDENHOUR v. L. G. SHORE, JR. and Wife, BARBARA D. SHORE; RICHARD C. TALBERT, JR. and Wife, ELIZABETH C. TALBERT; RICHARD C. TALBERT, SR., and Wife, MARGARET C. TALBERT; C. B. MILLER; NORTH CAROLINA SAVINGS AND LOAN ASSOCIATION OF STANLY COUNTY, NORTH CAROLINA
Cited By
3 cases
Status
Published