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WARREN v. WHITE

No. 399.

112 S.E.2d 522 (1960)

251 N.C. 729

T. P. WARREN v. Edward R. WHITE, Jr.

Supreme Court of North Carolina.

January 29, 1960.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Winston-Salem, for defendant, appellant.

Eugene H. Phillips, Winston-Salem, for plaintiff, appellee.

BOBBITT, Justice.

Defendant's principal assignments of error, directed to rulings on evidence, failure to nonsuit, submission of issues and portions of the charge, draw into focus this crucial question: Is recovery on the alleged oral agreement barred by the statute of frauds?

G.S. § 22-1, in pertinent part, provides: "No action shall be brought * * * to charge any defendant upon a special promise to answer...

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