Clapp v. Clapp

An oral contract to give or devise real estate is void by reason of the statute of frauds, G.S. 22-2, which provides that “all contracts to sell or convey any lands . . . shall be void unless said contract, or some memorandum or note thereof, be put in writing . . .” Grantham v. Grantham, 205 N.C. 363, 171 S.E. 331; Daughtry v. Daughtry, 223 N.C. 528, 27 S.E. 2d 446; Coley v. Dalrymple, 225 N.C. 67, 33 S.E. 2d 477. Cf. Clark v. Butts, 240 N.C. 709, 83 S.E. 2d 855. And it is settled law that a party may rely on the statute of frauds under a general denial. Luton v. Badham, 127 N.C. 96, 37 S.E.…