HERRING v. VOLUME MERCHANDISE, INC.

No. 311.

113 S.E.2d 814 (1960)

252 N.C. 450

Lula H. HERRING, Widow, Forrest Herring and wife, Dorothy B. Herring, Jasteel H. Fields and husband, Jesse Fields, Eunice W. Hodges, Widow, Persis H. Crawford and husband, P. H. Crawford, Jr., and Mary H. Warren and husband, A. D. Warren, Jr. v. VOLUME MERCHANDISE, INC., a corporation, and Efird's Department Store of Kinston, N. C., Inc., a corporation, John M. Belk, R. L. Mansfield and Gibson L. Smith.

Supreme Court of North Carolina.

April 27, 1960.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, White & Aycock, Kinston, for plaintiffs-appellants.

John G. Dawson and Albert W. Cowper, Kinston, for Volume Merchandise, Inc. and David M. McConnell and John L. Green, Jr., Charlotte, for Efird's Department Store of Kinston, N. C., Inc., John M. Belk, R. L. Mansfield and Gibson L. Smith.


RODMAN, Justice.

When the case was here before we held the statute of frauds was applicable to a parol offer to surrender a lease having more than three years to run, but had no application to an agreement to terminate consummated by an actual surrender. We also held the doctrine of estoppel in pais could be invoked when the facts were sufficient to call for its application.

The questions now for determination are: (1) Is there any evidence of an agreement...

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