Brown v. . Benton

Appellants in tbeir brief seek to avoid liability on the ground that the contract alleged to have been breached is a collateral agreement, resting in parol, and therefore not enforceable under the statute of frauds. C. S., 987. All the evidence is to the contrary. Newbern v. Fisher, 198 N. C., 385, 151 S. E., 875.

Plaintiff has declared upon an original promise not within the statute of frauds. Dozier v. Wood, 208 N. C., 414; Peele v. Powell, 156 N. C., 553, 73 S. E., 234, on rehearing, 161 N. C., 50, 76 S. E., 698; Sheppard v. Newton, 139 N. C., 533, 52 S. E., 143.

The only point mooted on…