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SMITH v. HUDSON

No. 7910SC1111.

269 S.E.2d 172 (1980)

48 N.C. App. 347

Edward T. SMITH and Deborah B. Smith v. Will A. HUDSON, Individually and in his Capacity as agent for Will Hudson, Limited, a corporation and in his capacity as agent for First National Realty, Inc., a corporation and Will Hudson, Ltd., a corporation and First National Realty, Inc., a Corporation.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Shyllon, Shyllon & Ratliff by Ernest E. Ratliff, Raleigh, for plaintiffs-appellants.

Seay, Rouse, Johnson, Harvey & Bolton by George H. Harvey, Raleigh, for defendants-appellees.

CLARK, Judge.

At the outset we note that defendants failed to plead affirmatively in their answer the defenses of failure of consideration and the statute of frauds as required by N.C.Gen.Stat. § 1A-1, Rule 8(c), and they thereby waive their right to assert these defenses. Yeager v. Dobbins, 252 N.C. 824, 114 S.E.2d 820 (1960); Grissett v. Ward, 10 N.C. App. 685...

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