Legal Opinion
Kent v. Humphries
Court of Appeals of North Carolina
Decided February 17, 1981No. 801SC476PublishedCited by 21 opinions
1Opinion of the Court
CLARK, Judge.
Plaintiff first argues that the amendment of defendants’ answer to plead the statute of frauds was irrelevant to her claims of fraud, unfair trade practices, and nuisance. We agree. The statute of frauds, G.S. 22-2, is an affirmative defense to recovery on an oral contract of lease for a period in excess of three years. The statute of frauds, then, even if properly pleaded and proven, could do no more than bar plaintiff’s recovery on her contractual claim. Her claims of fraud, unfair trade practices, and nuisance, not sounding in contract, were thus not precluded by G.S. 22-2.…
2Cases cited18 opinions
- Ragsdale v. KennedySupreme Court of North Carolina · 1974
- Hardy v. TolerSupreme Court of North Carolina · 1975
- Love v. PressleyCourt of Appeals of North Carolina · 1977
- Cofield v. GriffinSupreme Court of North Carolina · 1953
- Barrier v. TroutmanSupreme Court of North Carolina · 1949
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gilbane Building Co. v. Federal Reserve Bank of RichmondCourt of Appeals for the Fourth Circuit · 1996
- Lindner v. Durham Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1985
- Davidson v. Knauff Insurance Agency, Inc.Court of Appeals of North Carolina · 1989
- Mosley & Mosley Builders, Inc. v. Landin Ltd.Court of Appeals of North Carolina · 1990
- Gilbane Building Company, a Corporation Applied Retrieval Technology Corporation, and Holland Glass Company, Incorporated Metromont Materials Landmasters, Inc. B & B Contracting Company, Incorporated Caci, Incorporated--Federal Pettit Construction Company, Incorporated v. Federal Reserve Bank of Richmond, Charlotte Branch, International Fidelity Insurance Company, & Third Party and Electricon, Incorporated, & Third Party Applied Retrieval Technology Corporation, Plaintiff-Defendant & Third Party and Holland Glass Company, Incorporated Metromont Materials Landmasters, Inc. B & B Contracting Company, Incorporated Caci, Incorporated--Federal Pettit Construction Company, Incorporated Gilbane Building Company, a Corporation Plaintiff-Third Party v. Federal Reserve Bank of Richmond, Charlotte Branch, & Third Party International Fidelity Insurance Company, & Third Party and Electricon, Incorporated, & Third PartyCourt of Appeals for the Third Circuit · 1996
16 more not listed; retrieve them via the Exa API.