CARSON v. SUTTON

No. 773SC218.

242 S.E.2d 535 (1978)

35 N.C. App. 720

W. W. CARSON, T/A Carson Gas Company v. Phillip D. SUTTON and Connie J. Sutton.

Court of Appeals of North Carolina.

April 4, 1978.


Attorney(s) appearing for the Case

Everett & Cheatham by C. W. Everett, Sr., and Edward J. Harper, II, Bethel, for plaintiff-appellee.

Willis A. Talton, Greenville, for defendants-appellants.


MORRIS, Judge.

Defendants contend that the trial court erred in granting plaintiff's motion for summary judgment. In support of their contention, defendants advance the arguments (1) that the supporting affidavits are "merely reiterative" of the allegations in plaintiff's complaint and (2) that the supporting affidavits are "inherently suspect".

Summary judgment may be granted where "the pleadings . . . together with the affidavits, if any, show that there...

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