CAPITOL FUNDS, INC. v. WHITE

No. 8226SC730.

306 S.E.2d 142 (1983)

CAPITOL FUNDS, INC. v. Thurman C. WHITE, d/b/a J.P.W. Industries.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

James M. Shannonhouse, Jr., Charlotte, for plaintiff-appellant.

Kenneth W. Parsons, Charlotte, for defendant-appellee.


PHILLIPS, Judge.

The judgment appealed from was erroneously entered. It is not the law that an existing lease of real property must be formally cancelled or terminated before the property can be validly leased to another. An oral agreement to rescind or terminate an existing lease is valid. "The statute of frauds applies to the making of enforceable contracts to sell or convey land, not to their abrogation." Scott v...

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