GRAY v. AMERICAN EXP. CO.

No. 777DC76.

239 S.E.2d 621 (1977)

34 N.C. App. 714

Charles L. GRAY, Trading and doing business as Charles L. Gray Company v. AMERICAN EXPRESS COMPANY, a corporation.

Court of Appeals of North Carolina.

December 21, 1977.


Attorney(s) appearing for the Case

Ezzell, Henson & Fuerst by Robert L. Fuerst and Thomas W. Henson, Rocky Mount, for plaintiff-appellant. Jordan, Morris & Hoke by Charles B. Morris, Jr., Raleigh, for defendant-appellee.


CLARK, Judge.

Plaintiff brings forward two assignments of error. The first contends that the court committed error in granting defendant's motion for summary judgment. Summary judgment may not be granted if there is any genuine issue as to any material fact. N.C.R.Civ.P. 56(c). Defendant argued that the checks were incomplete and therefore unenforceable as a matter of law. Plaintiff apparently contends, in part, that he met the burden of raising an issue as to whether...

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