Bassett Furniture Industries of North Carolina, Inc. v. Griggs

WELLS, Judge.

Plaintiff first argues that the trial court erred in granting defendant’s motion for summary judgment because defendant failed to plead the statute of frauds as an affirmative defense. Pursuant to G.S. 22-1,

[n]o action shall be brought ... to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party charged therewith or some other person thereunto by him lawfully authorized.

While the statute…