North Carolina Lawyers Weekly

Apr 6, 2026

Emails can satisfy statute of frauds for oral guaranty

The North Carolina Supreme Court held that a series of emails can satisfy the statute of frauds as a sufficient written memorandum of an oral guaranty when the messages reflect […]

Aug 3, 2017

Contract – Statute of Frauds – Promissory Note – Purchase Option – Real Property – Unsigned Lease

Kyle v. Felfel (Lawyers Weekly No. 011-228-17, 16 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Yvonne Evans, J.) N.C. App. Holding: The defendant-tenants signed a $200,000 promissory […]

May 11, 2015

Contract — Implied – Real Property – Failed Development Expenses & Reimbursement – Statute of Frauds – LLC

Cooper v. Cameron (Lawyers Weekly No. 15-16-0417, 13 pp.) (Linda Stephens, J.) Appealed from Carteret County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Where plaintiff, defendant and a […]

Apr 10, 2015

Partnerships — State Court Clarifies Partnership Law

Valentine v. Sugar Rock Inc. (Lawyers Weekly No. 15-01-0319, 6 pp.) (King, J.) No. 12-2273, April 2, 2015; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Holding: The 4th Circuit […]

Mar 19, 2015

Real Property — Civil Practice – Accord & Satisfaction – Statute of Frauds – Mortgages – Rents

Macon Bank, Inc. v. Gleaner (Lawyers Weekly No. 15-07-0241, 12 pp.) (Donna Stroud, J.) Appealed from Macon County Superior Court (Bradley Letts, J.) N.C. App. Holding: Each of the parties’ […]

Jan 15, 2015

Landlord/Tenant — Commercial Lease – Oral Modification – Statute of Frauds – Accord & Satisfaction

Nixon Associates, LLC v. Brown (Lawyers Weekly No. 15-16-0058, 14 pp.) (Mark Davis, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Unpub. Holding: […]

Jun 27, 2013

Contract – Statute of Frauds – Specially Manufactured Goods – Partial Production – Repudiation

KDH Defense Systems, Inc. v. Eagle Industries Unlimited Even if the court was wrong to instruct the jury to decide whether plaintiff made a substantial beginning of “the manufacture of the entire order” of large bulletproof panel inserts, the error was harmless because the jury awarded plaintiff damages only as to the 548 inserts it actually produced. The jury did not award plaintiff[...]

Mar 6, 2013

Trusts & Estates – Mutual Wills – Statute of Frauds – Contract – Real Property

Hankins v. Bartlett Where any contract between the parties’ parents to maintain joint and mutual wills would have necessarily involved devising real property, any such contract would be subject to the statute of frauds.

Sep 11, 2012

Real Property – Statute of Frauds – Sale of Business – Writing – No Mention of Land – Trusts & Estates

Hankins v. Bartlett: A father’s memorandum that he had sold his business and its “assets” to his daughter and son-in-law was insufficient to transfer title of the land on which the business sits.

Aug 8, 2012

Contract – Statute of Frauds – Lease – Damages – Due Dates & Cure Provision

Plasma Centers of America, LLC v. Talecris Plasma Resources, Inc. The parties’ contract plainly states that no rights and duties were created other than those expressly stated in the contract. Nothing in the contract explicitly – or even implicitly – states that plaintiff will assign its leases to defendant. Therefore, the trial court correctly concluded that oral modification of th[...]

Jan 11, 2012

Labor & Employment – Contract – Covenant Not to Compete – Civil Practice – Diversity Jurisdiction – Amount in Controversy – Statute of Frauds — Scope

ISCO Industries v. Erdle The plaintiff-employer contends that, in the 36-month time frame of the parties’ covenant not to compete, the defendant-sales manager would normally generate tens of millions of dollars in sales and profits for plaintiff. Since the amount-in-controversy requirement of 28 U.S.C. § 1332(a) is satisfied if either a gain or a cost exceeds $75,000, and since the par[...]

Dec 21, 2011

Real Property – Purchase Option – Strict Exercise – Notice & Earnest Money – Statute of Frauds – Consideration

Miller v. Russell The parties’ option contract required the plaintiff-purchasers to notify the defendant-sellers of the purchasers’ intent to exercise their option to buy two tracts of land from the sellers “by hand delivery or written notice by certified or registered mail, return receipt requested and the sum of $1000 as earnest money to sellers at [defense counsel’s law firm a[...]