Riggs v. Anderson
Supreme Court of North Carolina
Riggs v. Anderson, 260 N.C. 221 (N.C. 1963)
132 S.E.2d 312; 1963 N.C. LEXIS 650
Riggs v. Anderson
Opinion of the Court
The court did not err in nonsuiting plaintiffs. No memorandum or other instrument of writing containing the terms of the alleged offer and acceptance were signed by the parties or their attorneys or placed upon the minutes of the court, so far as the record on appeal discloses. Defendants accepted no part of the money tendered. A wholly unexecuted parol contract to sell land is void. Carpenter v. Yancey, 231 N.C. 160, 56 S.E. 2d 396; Kluttz v. Allison, 214 N.C. 379, 199 S.E. 395. A defense of the statute of frauds may be taken advantage of by general denial. Humphrey v. Faison, 247 N.C.
Affirmed.
Reference
- Full Case Name
- MILDRED MARIE PURIFOY RIGGS and husband, ERNEST LEE RIGGS v. LINWOOD EARL ANDERSON and wife, JUERNE ANDERSON
- Cited By
- 1 case
- Status
- Published