Legal Opinion

Powell v. City of Newton

Supreme Court of North Carolina

Decided December 20, 2010No. 482A09PublishedCited by 25 opinions

1Opinion of the Court

*563EDMUNDS, Justice.

In this case we consider whether a settlement agreement reached between the parties in open court and orally ratified by those parties before the judge, but never memorialized by a signed writing, is unenforceable as a violation of the statute of frauds. N.C.G.S. § 22-2 (2009). Because successful invocation of the statute of frauds would allow plaintiff to evade a contractual obligation that he freely entered in open court, subverting the finality of such agreements and undermining the judicial process, we conclude that even though the statute of frauds would otherwise…

2Cases cited10 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  3. Harris & Harris Construction Co. v. Crain & Denbo, Inc.Supreme Court of North Carolina · 1962
  4. Brooks v. HackneySupreme Court of North Carolina · 1991
  5. Callaham v. ArensonSupreme Court of North Carolina · 1954

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3Cited by25 opinions

  1. Bouton v. ByersCourt of Appeals of Kansas · 2014
  2. J.B.B. Investment Partners, Ltd. v. FairCalifornia Court of Appeal · 2014
  3. Beroth Oil Co. v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2012
  4. T-Wol Acquisition Co. v. Ecdg South, LLCCourt of Appeals of North Carolina · 2012
  5. Browne v. StanleySupreme Court of The Virgin Islands · 2017

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