CAMERON-BROWN CAPITAL CORP. v. SPENCER

No. 7610SC377.

229 S.E.2d 711 (1976)

CAMERON-BROWN CAPITAL CORPORATION v. Ralph W. SPENCER, and wife, Rita Spencer.

Court of Appeals of North Carolina.

November 17, 1976.


Attorney(s) appearing for the Case

Poyner, Geraghty, Hartsfield & Townsend by David W. Long and Cecil W. Harrison, Jr., Raleigh, for plaintiff-appellee.

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Dan M. Hartzog, Raleigh, for defendants-appellants.


VAUGHN, Judge.

The purpose of the summary judgment procedure provided by Rule 56 of the Rules of Civil Procedure is to ferret out those cases in which there is no genuine issue as to any material fact and in which, upon the undisputed facts, a party is entitled to judgment as a matter of law. The burden is upon the moving party to establish the lack of a triable issue of fact. Kessing v. National Mortgage Corporation...

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