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WACHOVIA REALTY INVESTMENTS v. HOUSING, INC.

No. 60.

232 S.E.2d 667 (1977)

292 N.C. 93

WACHOVIA REALTY INVESTMENTS et al. v. HOUSING, INC., et al. v. C. P. ROBINSON, Jr.

Supreme Court of North Carolina.

March 7, 1977.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by W. P. Sandridge, Jr., Winston-Salem, for plaintiff.

Smith, Moore, Smith, Schell & Hunter by Jack W. Floyd and O. Max Gardner, III, Greensboro, for defendant.

LAKE, Justice.

The Superior Court was clearly in error in rendering summary judgment for a specified amount, the alleged unpaid balance due upon the note, while retaining for hearing and determination the claim of Housing, Inc., that it is entitled to a set-off or credit in approximately the same amount. If, as the Superior Court found, there remains a substantial controversy to be determined as to the right of Housing, Inc., to such credit, it is obvious that there...

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