Brooks v. Hackney

I agree with the majority opinion that the alleged contract in this case is void under the statute of frauds. N.C.G.S. § 22-2 (1986). However, I cannot agree with the majority that the plaintiff in this case must be estopped from “taking advantage of this fault.”1 Brooks v. Hackney, 329 N.C. 166, 404 S.E.2d 854 (1991).

*175There is no issue in this case concerning estoppel by deed. See generally 5 Strong’s N.C. Index 3d Estoppel § 1 (1977). There is no deed directly involved in this case. Nor does the majority appear to analyze the case in terms of promissory estoppel. See generally Feinman,…