WOODELL v. DAVIS

No. 525.

134 S.E.2d 160 (1964)

261 N.C. 160

Mrs. Pearl WOODELL v. C. R. DAVIS and wife, Lillian B. Davis.

Supreme Court of North Carolina.

January 17, 1964.


Attorney(s) appearing for the Case

Lyon & Lyon, Smithfield, for plaintiff appellant.

Albert A. Corbett, Smithfield, for defendant appellee.


SHARP, Justice:

The motion to strike was properly allowed. The stricken paragraphs alleged the breach of an agreement to delay foreclosure as long as plaintiff paid the interest on the indebtedness and, in any event, not to foreclose without giving plaintiff sufficient notice so that she could refinance. However, plaintiff alleges no consideration for this promise. Therefore, it will not support a contract enforcible in law or sustain an action for damages for its...

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