Wells v. Foreman

The motion of defendant rests upon the assumption that the plaintiffs seek to enforce an oral agreement to devise or convey real property. She insists that, as it appears on the face of the complaint the alleged agreement was not in writing, evidence in support thereof is inadmissible and on a motion to strike admissibility of evidence in support of the allegation sought to be stricken is the test of relevancy. Weant v. McCanless, 235 N.C. 384.

Even so, her position in this respect is untenable. As said by Denny, J., in Weant v. McCanless, supra: “It is settled in this jurisdiction that the…