COOK v. LAWSON

No. 6829SC303.

164 S.E.2d 29 (1968)

3 N.C. App. 104

Sam COOK v. James C. LAWSON.

Court of Appeals of North Carolina.

November 20, 1968.


Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherford, for plaintiff appellant.

M. Leonard Lowe, Forest City, for defendant appellee.


BRITT, Judge.

Plaintiff assigns as error the granting of defendant's motion for nonsuit. Two questions are presented by this appeal: Was plaintiff entitled to have the jury pass upon his action for breach of contract; if so, what was the measure of damages?

It is clear that in North Carolina an oral contract to divide the profits from the purchase and sale of real estate is not within the statute of frauds. Newby v. Atlantic Coast Realty Co., 180 N.C. 51,...

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