Supreme Court of North Carolina, 1963

Riggs v. Anderson

Supreme Court of North Carolina · Decided September 18, 1963

260 N.C. 221; 132 S.E.2d 312; 1963 N.C. LEXIS 650

Cases that cite this one

1 later published case cites this decision.

Henry v. Shore (N.C. Ct. App. 1973)

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 of the Court

Per Curiam.

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. *223127, 100 S.E. 2d 524; 2 Strong: N. C. Index, Frauds, Statute of, s. 3, p. 389.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.