N.C. Gen. Stat. » Chapter 22
NC General Statutes

N.C. Gen. Stat. § 22-1 (2026)

Contracts charging representative personally; promise to answer for debt of another

✓ current as of July 2026
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No action shall be brought whereby to charge an executor, administrator or collector upon a special promise to answer damages out of his own estate or 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 thereof, shall be in writing, and signed by the party charged therewith or some other person thereunto by him lawfully authorized. (29 Charles II, c. 3, s. 4; 1826, c. 10; R.C., c. 50, s. 15; Code, s. 1552; Rev., s. 974; C.S., s. 987.)

 

Notes of Decisions
Cited in 47 cases (4 in the last 5 years), 1948–2026 · leading case: Brooks Distrib. Co., Inc. v. Pugh, 373 S.E.2d 300 (N.C. Ct. App. 1988).
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Brooks Distrib. Co., Inc. v. Pugh, 373 S.E.2d 300 (N.C. Ct. App. 1988). · cites it 4× “See N.C. Gen.Stat. §§ 22-1, 22-2, 75-4 (1987).”
Watson Elec. Constr. Co. v. Summit Companies, LLC, 587 S.E.2d 87 (N.C. Ct. App. 2003). · cites it 2× “N.C. Gen. Stat. § 22-1 (2001). Thus, pursuant to the Statute of Frauds, enforcement of the alleged oral guaranty would be barred.”
Terrell v. Kaplan, 613 S.E.2d 526 (N.C. Ct. App. 2005). · cites it 4× “As stated in North Carolina General Statutes section 22-1, No action shall be brought whereby to charge an executor, administrator or collector upon a special promise to answer damages out of his own estate or to charge any defendant upon a special promise to answer the debt,…”
Effler v. Pyles, 380 S.E.2d 149 (N.C. Ct. App. 1989). · cites it 2× “N.C. Gen. Stat. § 22-1 (1986) provides: No action shall be brought whereby to charge an executor, administrator or collector upon a special promise to answer damages out of his own estate or to charge any defendant upon a special promise to answer the debt, default or…”
Scott v. United Carolina Bank, 503 S.E.2d 149 (N.C. Ct. App. 1998). · cites it 2× “In summary, we affirm so much of the trial court’s 28 April 1997 order as dismisses plaintiffs first, third, and fourth claims for relief. We reverse, however, that portion of the order which dismisses plaintiffs second claim for relief and remand the case to the Superior Court…”
Scheerer v. Fisher, 688 S.E.2d 472 (N.C. Ct. App. 2010). · cites it 2× “Under more than 100 years of prevailing case law in North Carolina, oral contracts to compensate a real estate broker for his or her professional services were not required to be in writing under our Statute of Frauds, N.C. Gen. Stat. § 22-1 et seq. (2007). Today, we reaffirm…”
Harvey v. Norfolk S. Ry. Co., Inc., 299 S.E.2d 664 (N.C. Ct. App. 1983). · cites it 2× “G.S. 22-1 provides, in part: No action shall be brought .”
Warren v. White, 112 S.E.2d 522 (N.C. 1960). · cites it 5× “Defendant’s principal assignments of error, directed to rulings on evidence, failure to nonsuit, submission of issues and portions of the charge, draw into focus this crucial question: Is recovery on the alleged oral agreement barred by the statute of frauds? G.S. 22-1, in…”
Burlington Indus., Inc. v. Foil, 202 S.E.2d 591 (N.C. 1974). · cites it 2× “The North Carolina statute of frauds, G.S. 22-1-, provides in pertinent part: *748 “No action shall be brought .”
Forbes Homes, Inc. v. Trimpi, 349 S.E.2d 852 (N.C. 1986). · cites it 3× “Trimpi to Mr. Cole does not constitute a guaranty by Mr.”
Parrish Funeral Home, Inc. v. Pittman, 409 S.E.2d 327 (N.C. Ct. App. 1991). · cites it 4× “§ 28A-19-8 provides that funeral expenses of a decedent shall be considered an obligation of the estate; and that defendants’ *271 promise to pay the funeral services was a promise to pay the debt of another and therefore required to be in writing by the Statute of Frauds under…”
R.B. Cronland Bldg. Supplies, Inc. v. Sneed, 589 S.E.2d 891 (N.C. Ct. App. 2004). · cites it 3× “N.C.G.S. § 22-1 (2001). Therefore, Cronland Building Supplies’ alleged oral “explanations” to defendant of her liability as guarantor do not create an enforceable contract.”
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