POWELL v. CITY OF NEWTON

No. 482A09.

703 S.E.2d 723 (2010)

James W. POWELL, Jr., Plaintiff v. CITY OF NEWTON, a Municipal Corporation, Defendant and Third-Party Plaintiff v. Shaver Wood Products, Inc., a North Carolina Corporation, and W.K. Dickson Engineering, Inc., a North Carolina Corporation, Third-Party Defendants.

Supreme Court of North Carolina.

December 20, 2010.


Attorney(s) appearing for the Case

Crowe & Davis, P.A., Conover, by H. Kent Crowe ; and Sigmon, Isenhower, and Barkley, Newton, by W. Gene Sigmon , for plaintiff-appellant.

Baucom Claytor Benton Morgan & Wood, PA, Charlotte, by M. Heath Gilbert, Jr. and James F. Wood, III , for defendant-appellee City of Newton; and Pope, McMillan, Kutteh, Privette, Edwards & Schieck, PA, Statesville, by William P. Pope and Martha N. Peed, for Shaver Wood Products, Inc., and Hamilton Moon Stephens Steele & Martin, PLLC, Charlotte, by Rebecca K. Cheney and David B. Hamilton, for W.K. Dickson Engineering, Inc., third-party defendant-appellees.


EDMUNDS, Justice.

In this case we consider whether a settlement agreement reached between the parties in open court and orally ratified by those parties before the judge, but never memorialized by a signed writing, is unenforceable as a violation of the statute of frauds. N.C.G.S. § 22-2 (2009). Because successful invocation of the statute of frauds would allow plaintiff to evade a contractual obligation that he freely entered in open court, subverting the finality...

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