BERCEGEAY v. SURFSIDE REALTY COMPANY, INC.

No. 723DC593.

193 S.E.2d 356 (1972)

16 N.C. App. 718

Leslie S. BERCEGEAY and Ethel Foy Bercegeay v. SURFSIDE REALTY COMPANY, INC., et al. Carroll BOOTHBY and Marcia M. Boothby v. SURFSIDE REALTY COMPANY, INC., et al.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Bennett & McConkey, P. A. by Thomas S. Bennett, Morehead, for plaintiff appellee.

Wheatly & Mason by C. R. Wheatly, Jr., Beaufort, for defendant appellants.


BRITT, Judge.

Defendants contend that the descriptions set forth in the paper writings from defendant Spell to plaintiffs are not sufficient to support their actions for specific performance of contract.

Although the question is not raised in the briefs, we must decide at the outset if the statute of frauds is presented in these cases inasmuch as defendants did not plead the statute as an affirmative defense. In their answers defendants did deny the contracts...

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