DEATON v. COBLE

No. 531.

95 S.E.2d 569 (1956)

245 N.C. 190

Ed DEATON v. Lewis D. COBLE.

Supreme Court of North Carolina.

December 12, 1956.


Attorney(s) appearing for the Case

C. M. Llewellyn, M. B. Sherrin, Jr., Concord, for plaintiff appellant.

John Hugh Williams, Concord, for defendant appellee.


WINBORNE, Chief Justice.

The statute of frauds, G.S. § 22-1, in pertinent part provides that "no action shall be brought * * * to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party charged therewith * * *."

Testing the paper writing sued on by the provision...

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