Fletcher v. Jones

WELLS, Judge.

We note at the outset that judgment in this case was entered out of court and out of district from the 24 January 1983 term of Dare County Superior Court. Such an entry of judgment is proper only where permitted by statute, or, as here, where the parties consent. Utilities Commission v. State, 243 N.C. 12, 89 S.E. 2d 727 (1955), reh. denied, 243 N.C. 685, 91 S.E. 2d 899 (1956).

Defendant contends that the trial court erred in ordering specific performance of the contract, because it had either lapsed or been rescinded as of 26 September 1981, when plaintiff attempted to convey the…