Summary
adopting reasoning of dissent below, reported at 87 N.C. App. 366, 372-73, 360 S.E.2d 808 (Becton, J., dissenting), which recognized "clear and settled law that the parent-child relationship is not sufficient in and of itself to take an oral promise by a parent to pay a child's debts outside the Statute of Frauds by applying the main purpose doctrine"
Summary of this case from Atlantic Plastic & Hand Surgery, P.A. v. RallingOpinion
No. 601A87
Filed 6 April 1988
APPEAL by defendant pursuant to N.C.G.S. 7A-30(2) from the decision of a divided panel of the Court of Appeals, 87 N.C. App. 366, 360 S.E.2d 808 (1987), which affirmed the judgment of Llewellyn, J., at the 2 September 1986 Session of Superior Court, DARE County. Heard in the Supreme Court 16 March 1988.
Aycock, Spence Graham, by W. Mark Spence, for plaintiff appellee.
Trimpi, Thompson Nash, by C. Everett Thompson, II and John G. Trimpi, for defendant appellant.
For reasons stated in the dissenting opinion of Becton, Judge, the decision of the Court of Appeals is reversed. The case is remanded to that court for remand to the Superior Court, Dare County, for further proceedings consistent with this opinion.
Reversed and remanded.