Hines v. Tripp

Plaintiffs’ assignments of error are directed to rulings excluding evidence offered for the purpose of establishing the alleged contract.

Defendants’ denial of the alleged contract is equivalent to a plea of the statute of frauds, G.S. 22-2. Hunt v. Hunt, 261 N.C. 437, 135 S.E. 2d 195; Pickelsimer v. Pickelsimer, 257 N.C. 696, 127 S.E. 2d 557; McCraw v. Llewellyn, 256 N.C. 213, 123 S.E. 2d 575; Humphrey v. Faison, 247 N.C. 127, 100 S.E. 2d 524; Jamerson v. Logan, 228 N.C. 540, 46 S.E. 2d 561.

To bind defendants, plaintiffs had the burden of showing a written contract, “or some memorandum or…