PRESNELL v. TROLLINGER INVESTMENT COMPANY

No. 7419SC18.

202 S.E.2d 493 (1974)

20 N.C. App. 722

Stanton J. PRESNELL et al. v. TROLLINGER INVESTMENT COMPANY.

Court of Appeals of North Carolina.

February 20, 1974.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellants.

Moser & Moser, P. A., by Thad T. Moser, Asheboro, for defendant appellees.


BRITT, Judge.

Plaintiffs assign as error the entry of summary judgment in favor of defendant as to the 3.02 acre tract for the reason that plaintiffs were not given notice of the time and place of the hearing of the motion for summary judgment. We think the court erred in entering summary judgment but for reasons more substantial than that given by plaintiffs, therefore, we do not reach the question of notice.

Summary judgment is provided for by G.S. §...

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