Stuart Studio, Inc. v. National School of Heavy Equipment, Inc.

CLARK, Judge.

On appeal from the granting of a motion for directed verdict this Court must determine if plaintiff has made out a case sufficient to go to the jury, and plaintiff’s evidence must be taken as true and considered in the light most favorable to it. Wilson v. Miller, 20 N.C. App. 156, 201 S.E. 2d 55 (1973).

The North Carolina Statute of Frauds, a substantial prototype of the historic English statute, 29 Charles II (1676) Ch. 3, Sec. 4, contains the provision that “no action shall be brought . . . upon a special promise to answer the debt ... of another person, unless the agreement…