YOUNT v. LOWE

No. 7423SC762.

209 S.E.2d 867 (1974)

24 N.C. App. 48

Robert L. YOUNT et al., Plaintiffs, v. Elmer LOWE.

Court of Appeals of North Carolina.

November 25, 1974.


Attorney(s) appearing for the Case

Butner & Gaither by J. Richardson Rudisill, Jr., Hickory, for plaintiffs-appellants.

E. James Moore and Vannoy, Moore & Colvard by J. Gary Vannoy, North Wilkesboro, for defendant-appellee.


BALEY, Judge.

The sole question presented by this appeal is whether the trial court erred in granting summary judgment for defendant. Summary judgment is properly granted when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C.R. Civ.P. 56(c). "The purpose of summary judgment can be summarized as being a device to bring litigation to an early decision on the merits without the delay and expense of trial where it...

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