Shepherd v. Gulf Refining Co.

• Decision Date: 21 May 1930
• Docket Number: 560.
• Citation: 153 S.E. 259,198 N.C. 824
• Parties: SHEPHERD v. GULF REFINING CO.
• Court: North Carolina Supreme Court

153 S.E. 259

198 N.C. 824

SHEPHERD v. GULF REFINING CO.

No. 560.

Supreme Court of North Carolina

May 21, 1930

Appeal from Superior Court, Henderson County; Harding, Judge.

Action by V. C. V. Shepherd against the Gulf Refining Company. Judgment of nonsuit, and plaintiff appeals.

Affirmed.

Ewbank, Whitmire & Weeks, of Hendersonville, for appellant.

Kitchin & Kitchin and Galloway & Galloway, all of Asheville, and Shipman & Arledge, of Hendersonville, for appellee.

PER CURIAM.

The nonsuit was entered on the theory that the plaintiff had failed to show a contract in writing, or any memorandum or note thereof, signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized, which described the property with sufficient definiteness to admit of identification as required by C. S. § 988. In this we find no error.

Affirmed.