Dozier v. . Wood

Stacy, O. J.

Little can or need be added to wbat was said in the two opinions filed in the case of Peele v. Powell, 156 N. C., 553, 73 S. E., 234, on rehearing, 161 N. C., 50, 76 S. E., 698, on the difference between an original promise, which is not within the statute of frauds, and a superadded one, which is within the statute. C. S., 987. The difference in statement is clear enough. Difficulty often arises, however, in determining whether the evidence in a given case places it in the one category or the other. Gennett v. Lyerly, 207 N. C., 201, 176 S. E., 275; Garren v. Youngblood, 207 N.…