Carr v. Good Shepherd Home, Inc.

The decisive question on this appeal is: Did the trial judge err in granting defendant’s motion for nonsuit?

“In order to constitute an enforceable contract within the statute of frauds, the written memorandum, though it may be informal, must be sufficiently definite to show the essential elements of a valid contract. It must embody the terms of the contract, names of vendor and vendee, and a description of the lands to be conveyed, at least sufficiently definite to be aided by parol.” Smith v. Joyce, 214 N.C. 602, 200 S.E. 431. See also Elliott v. Owen, 244 N.C. 684, 94 S.E. 2d 833. The…