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HOUCK v. OVERCASH

No. 78.

193 S.E.2d 905 (1973)

282 N.C. 623

J. A. HOUCK, Assignee v. Mrs. J. B. OVERCASH and Bill Ramsey, t/a Bill's Plumbing Co.

Supreme Court of North Carolina.

February 2, 1973.

Attorney(s) appearing for the Case

L. H. Wall, Lenoir, for plaintiff-appellant.

Wilson & Palmer by Hugh M. Wilson, Lenoir, for defendant-appellee.

BOBBITT, Chief Justice.

The legal principles applicable in considering a motion for summary judgment under Rule 56 of the Rules of Civil Procedure, G.S. § 1A-1, are set forth in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971), and approved in later cases.

In Kessing, supra at 534, 180 S.E. 2d at 830, the Court quotes with approval the following from...

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