HENRY v. HENRY

No. 7326SC132.

196 S.E.2d 33 (1973)

18 N.C. App. 60

Yvonne V. HENRY v. Hector H. HENRY.

Court of Appeals of North Carolina.

April 25, 1973.


Attorney(s) appearing for the Case

Cole & Chesson by James L. Cole, Charlotte, for plaintiff-appellant.

DeLaney, Millette & DeArmon by Samuel M. Millette, Charlotte, for defendant-appellee.


HEDRICK, Judge.

It is manifest from the record before us that there are genuine triable issues of material fact as to plaintiff's claim and as to defendant's counterclaim. The trial judge erred in dismissing plaintiff's complaint and in entering summary judgment awarding defendant $207.11 on his counterclaim. G.S. § 1A-1, Rule 56.

The judgment is

Reversed.

BROCK and PARKER...

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