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HOWARD v. HAMILTON

No. 7526SC880.

222 S.E.2d 913 (1976)

28 N.C. App. 670

Richard HOWARD and A. C. Goines, et al., t/d/b/a Kings Drive Partnership Fund, a limited Partnership v. Jack T. HAMILTON. Richard HOWARD and A. C. Goines, et al., t/d/b/a Kings Drive Partnership Fund, a limited Partnership v. Francis H. FAIRLEY et al. Richard HOWARD and A. C. Goines, et al., t/d/b/a Kings Drive Partnership Fund, a limited Partnership v. Francis H. FAIRLEY et al.

Court of Appeals of North Carolina.

March 17, 1976.

Attorney(s) appearing for the Case

James, Williams, McElroy & Diehl, P.A., by William K. Diehl, Jr., Henry James, Jr., and James H. Abrams, Jr., Charlotte, for plaintiffs-appellants.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding, and Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Sydnor Thompson, Charlotte, for defendants-appellees in cases 69CVS2139 and 69CVS2040.

Wallace S. Osborne, Charlotte, for defendant-appellee Jack T. Hamilton in case 69CVS2138.

BRITT, Judge.

Did the trial court err in directing a verdict in favor of defendant Hamilton in the separate action against him (No. 69-CVS-2138)? We hold that it did not.

In our opinion, the oral promise allegedly made by defendant Hamilton was unenforceable under the Statute of Frauds, G.S. 22-1, which provides in pertinent part as follows: "No action shall be brought whereby . . . to charge any defendant upon a special promise to answer the debt, default...

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