NORTHWESTERN BANK v. CHURCH

No. 7923DC32.

259 S.E.2d 313 (1979)

43 N.C. App. 538

The NORTHWESTERN BANK, Trustee under the Will of D. C. Duncan, Deceased, v. Hal E. CHURCH.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

McElwee, Hall, McElwee & Cannon by William C. Warden, Jr. and W. H. McElwee, North Wilkesboro, for plaintiff-appellee.

Vannoy & Reeves by Wade E. Vannoy, Jr., West Jefferson, for defendant-appellant.


HARRY C. MARTIN, Judge.

Counsel for both plaintiff and defendant concur that this appeal turns upon whether the receipt given by plaintiff was a sufficient memorandum of the contract to meet the requirements of the Statute of Frauds. There is no genuine issue of material fact in dispute. The question is the application of law to the facts. We hold that under the facts of this case the receipt was a sufficient memorandum of the contract.

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