Balentine v. . Gill

It appears from a perusal of the pleadings that the plaintiffs are here seeking to hold the defendant Gill on his alleged oral agreement to answer the debt, default or miscarriage of his tenant-optionee and codefendant Warren.’ Gill denies the alleged agreement and pleads the statute of frauds. C. S., 987. In this state of the record, it is difficult to see how the plaintiffs can get along as against the defendant Gill. Henry v. Hilliard, 155 N. C., 372, 71 S. E., 439, 49 L. R. A. (N. S.), 1; Gulley v. Macy, 84 N. C., 434; McIntosh on Procedure, 486.

Recovery is to be had, if allowed at all,…