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KIDD v. EARLY

No. 7418SC698.

208 S.E.2d 511 (1974)

23 N.C. App. 129

Claude S. KIDD, Jr., et al. v. C. F. EARLY and wife, Bessie D. Early.

Court of Appeals of North Carolina.

Certiorari Allowed December 3, 1974.

Attorney(s) appearing for the Case

Clark, Tanner & Williams by Eugene S. Tanner, Jr., Greensboro, for plaintiff appellants.

Griffin, Post & Deaton by Hugh P. Griffin, Jr., and William F. Horsley, Reidsville, and Sapp & Sapp by Armistead W. Sapp, Jr., and W. Samuel Shaffer, II, Greensboro, for defendant appellees.

Certiorari Allowed by Supreme Court December 3, 1974.

HEDRICK, Judge.

Plaintiffs contend that the court erred in denying their motion for a summary judgment and in entering summary judgment for the defendants. While the record, in our opinion, clearly demonstrates that there are genuine issues of material fact, summary judgment for the defendants was proper if the contract sued on is so indefinite in its terms as not to satisfy the requirements of

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