Powell v. City of Newton
Supreme Court of North Carolina
703 S.E.2d 723 (2010)
After Powell (plaintiff) sued the City of Newton (defendant) for trespass and tree removal, the parties reached a settlement in open court -- Powell would receive $40,000 for a quitclaim deed to the disputed land -- which the court confirmed directly with Powell; attorneys later exchanged emails memorializing the deal and the city sent the $40,000, but when a final written agreement was sent for Powell's physical signature, he refused to sign, arguing the land-sale settlement was void under the statute of frauds for lacking a proper signed writing. The trial court ordered Powell to execute the agreement, and the court of appeals found the writing requirement satisfied.
Whether a party can be judicially estopped from invoking the statute of frauds where doing so would be clearly inconsistent with the party's earlier position in court.