Simmons v. Morton

Although plaintiffs make thirteen assignments of error, their crucial assignment is that the trial court committed error in allowing defendants’ motion for judgment as in case of nonsuit. We hold that the trial court properly allowed defendants’ motion.

Defendants contend that plaintiffs failed to show agency between Mrs. Lucy B. Johnson and the defendants, particularly the feme defendants; they also contend that plaintiffs’ attempt to impose a negative easement by oral agreement is in violation of the statute of frauds and is not enforceable.

Plaintiffs attempted to allege two causes of action…