KENT v. HUMPHRIES

No. 801SC476.

275 S.E.2d 176 (1981)

Melody KENT v. Fletcher HUMPHRIES and H & W Plastics, Inc.

Court of Appeals of North Carolina.

Discretionary Review Allowed April 7, 1981.


Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard by J. Allen Adams and Catharine B. Arrowood, Raleigh, for plaintiff-appellant.

White, Hall, Mullen, Brumsey & Small by Gerald F. White and William Brumsey, III, Elizabeth City, for defendants-appellees.


Discretionary Review Allowed by Supreme Court April 7, 1981.

CLARK, Judge.

Plaintiff first argues that the amendment of defendants' answer to plead the statute of frauds was irrelevant to her claims of fraud, unfair trade practices, and nuisance. We agree. The statute of frauds, G.S. 22-2, is an affirmative defense to recovery on an oral contract of lease for a period in excess of three years. The statute of frauds, then, even if properly pleaded and proven...

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