Taylor v. Bailey

MORRIS, Judge.

Defendant first contends that the court erred in denying his motion to dismiss under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, made in his answer and at trial. This contention is the subject of his assignments of error Nos. 1 and 2. He argued at trial and argues on appeal that the complaint fails to state a claim upon which relief can be granted for the reason that the description contained in the contract to convey is fatally defective thus rendering the contract insufficient to meet the requirements of the statute of frauds and therefore void.

The…