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N. C. MONROE CONST. CO. v. COAN

No. 7618SC260.

228 S.E.2d 497 (1976)

30 N.C. App. 731

N. C. MONROE CONSTRUCTION COMPANY v. Henry COAN, Charles D. Floyd, and Ralph Jones.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey and Michael D. Meeker, Greensboro, for plaintiff.

Dees, Johnson, Tart, Giles & Tedder by J. Sam Johnson, Jr., Greensboro, for defendants.

BROCK, Chief Judge.

Defendants' appeal raises the procedural issue of whether summary judgment was properly granted as to any or all issues in the dispute between these parties.

Defendants contend that Judge Seay erred in finding no genuine issue as to the material fact of accord and satisfaction. The breach of contract alleged by defendants in their answer can be a valid defense to payment of the notes. Stelling...

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