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ELLIOTT v. OWEN

No. 400.

94 S.E.2d 833 (1956)

244 N.C. 684

B. P. ELLIOTT v. Richard OWEN.

Supreme Court of North Carolina.

October 31, 1956.

Attorney(s) appearing for the Case

Royster & Royster, Durham, for plaintiff, appellee.

C. J. Gates and M. E. Johnson, Durham, for defendant, appellant.

PARKER, Justice.

This is a suit to enforce specific performance of a written memorandum allegedly given for the sale of a house and lot. The burden was on the plaintiff to show that the memorandum was executed in compliance with the Statute of Frauds.

The written memorandum does not even indicate the name of a vendee. The courts have held with great uniformity that the substantive parts of the contract or memorandum...

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