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242 N.C. 597

89 S.E.2d 152

Willis v. Willis

Supreme Court of North Carolina

Decided September 21, 1955

Supreme Court of North Carolina · decided 1955-09-21

Cited by 4 later decisions — most recently May 1964

4 state decisions

Relies on Keith Bros. v. Kennedy · Pate v. . Gaitley · Baucom v. First National Bank of Monroe, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1955-09-21

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Per Cueiam.

¶1 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.

¶2 No error.

WinboRNE and Higgins, JJ., took no part in the consideration or decision of this case.
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