Brogden v. Gibson
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at October Term, 1913, of Edgecombe. This is an action to comgel the execution of a parol- trust.
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Appeal by defendant from Connor, J., at October Term, 1913, of Edgecombe. This is an action to comgel the execution of a parol- trust. The verdict of the jury shows that the plaintiff and defendant entered into an oral agreement, on joint account, that they should buy and sell for gain certain lots situated in the city of Rocky Mount, the specific stipulation being that plaintiff should purchase and sell the lots, doing all of the active business in that behalf, and the defendant should furnish the money with which to make the purchases; that the] lands should be sold, defendant repaid the…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe main contention of tbe defendant is tbat tbe agreement between tbe parties, alleged by tbe plaintiff and found by tbe jury to be tbe true one, is witbin tbe terms of tbe statute of frauds, and not baring been reduced to writing, is roidable by bim. But tbe fallacy of tbe position is apparent when we consider tbat tbis is an action to enforce a trust, wbicb is not witbin tbe statute, and not one for specific performance of a contract relating to land. Tbe English statute includes parol trusts witbin its prohibition, but ours does not, and they remain here…
2Cases cited27 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Avery v. StewartSupreme Court of North Carolina · 1904
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Reid v. . NealSupreme Court of North Carolina · 1921
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Creech v. . CreechSupreme Court of North Carolina · 1943
- Bodding v. HermanNorth Dakota Supreme Court · 1948
- Cook v. LawsonCourt of Appeals of North Carolina · 1968
19 more not listed; retrieve them via the Exa API.