SANDERS v. DAVIS

No. 7410SC1024.

212 S.E.2d 554 (1975)

25 N.C. App. 186

Joe Nathan SANDERS v. Benjamin J. DAVIS.

Court of Appeals of North Carolina.

March 19, 1975.


Attorney(s) appearing for the Case

Purrington, Hatch & Purrington by Edwin B. Hatch, Raleigh, for plaintiff appellant.

Smith, Anderson, Blount & Mitchell by Samuel G. Thompson and Maupin, Taylor & Ellis by Charles B. Neely, Jr., Raleigh, for defendant appellee.


HEDRICK, Judge.

The sole question for resolution on this appeal is whether the trial court erred in allowing defendant's motion for summary judgment.

"Irrespective of who has the burden of proof at trial upon issues raised by the pleadings, upon a motion for summary judgment the burden is upon the party moving therefor to establish that there is no genuine issue of fact remaining for determination and that he is...

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