Willis v. Willis
Supreme Court of North Carolina
Willis v. Willis, 89 S.E.2d 152 (N.C. 1955)
242 N.C. 597; 1955 N.C. LEXIS 633
Cueiam, Winborne, Higgins
Willis v. Willis
Opinion
The determinative issue, whether defendant agreed to pay plaintiffs for the two lots as alleged, was resolved by the jury in plaintiffs’ favor. Parol evidence was competent to show the actual consideration for the deed. Pate v. Gaitley, 183 N.C. 262, 111 S.E. 339. The statute of frauds, G.S. 22-2, does not apply to an executed contract, such as that here involved. Keith Bros. v. Kennedy, 194 N.C. 784, 140 S.E. 721; Baucom v. Bank, 203 N.C. 825, 167 S.E. 72. We find no prejudicial error in the conduct of the trial.
No error.
Reference
- Full Case Name
- JOHN A. WILLIS and Wife, NORA WILLIS, v. HENRY WILLIS
- Cited By
- 2 cases
- Status
- Published