BRITT v. BRITT

No. 566PA86.

359 S.E.2d 467 (1987)

320 N.C. 573

Betsy Bracy BRITT and Robert Dixon Britt v. Billy B. BRITT and Peggy G. Britt, jointly and severally, and Magnolia Hill Inc.

Supreme Court of North Carolina.

September 3, 1987.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Carole S. Gailor, Raleigh, for plaintiff-appellant Betsy Bracey Britt.

Faison, Brown, Fletcher & Brough by Charles Gordon Brown and William D. Bernard, Chapel Hill, and Ward & Smith, P.A. by Robert D. Rouse, Jr., and Donald J. Eglinton, Greenville, for defendants-appellees.


WEBB, Justice.

The plaintiffs did not appeal from the judgment dismissing their claim for a parol trust and that question is not before us.

The appeal of the plaintiff Betsy Britt brings to the Court questions involving unjust enrichment and fraud. The Restatement of Restitution § 1 lays down the general principle that "a person who has been unjustly enriched at the expense of another is required to make restitution." In order to establish a claim for...

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