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KING v. GRINDSTAFF

No. 30.

200 S.E.2d 799 (1973)

284 N.C. 348

H. L. KING, Administrator of the Estate of Byron Sharpe, Deceased, v. Ronald K. GRINDSTAFF, Sr., et al. H. L. KING, Administrator of the Estate of Berlin Sharpe, Deceased, v. Ronald K. GRINDSTAFF, Sr., et al.

Supreme Court of North Carolina.

December 12, 1973.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by W. F. Womble, Winston-Salem, Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr., Greensboro, for defendant appellant Bradley Lumber Co., Inc.

Deal, Hutchins & Minor by Fred S. Hutchins, Sr., Winston-Salem, for plaintiff appellee.

MOORE, Justice.

The sole question presented on this appeal is whether the trial court erred in allowing plaintiff's motion for summary judgment based on his plea of res judicata, leaving only the issue of damages for trial.

Res judicata deals with the effect of a former judgment in favor of a party upon a subsequent attempt by the other party to relitigate the same cause of action. In Masters v. Dunstan, 256 N.C. 520...

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