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BASSETT FURNITURE INDUSTRIES v. GRIGGS

No. 7915SC899.

266 S.E.2d 702 (1980)

BASSETT FURNITURE INDUSTRIES OF NORTH CAROLINA, INC. v. James Hugh GRIGGS.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Clifton & Singer by Richard G. Singer, Raleigh, for plaintiff-appellant.

Latham, Wood & Balog by Steve A. Balog, Burlington, for defendant-appellee.

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

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