RUSSO v. MOUNTAIN HIGH, INC.

No. 7724SC985.

247 S.E.2d 654 (1978)

38 N.C. App. 159

Edmund P. RUSSO, trustee, Tobias Simon, successors trustee, for E. Peter Goldring and Carlos Urrella v. MOUNTAIN HIGH, INC., H. D. Boyles, Earl E. Boyles, Joe P. Warren, trustee, and John Hancock Mutual Life Insurance Company.

Court of Appeals of North Carolina.

October 3, 1978.


Attorney(s) appearing for the Case

Holshouser & Lamm by Charles C. Lamm, Jr., Boone, for plaintiff appellants.

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr. and Jimmy H. Barnhill, Winston-Salem, for defendant appellees Joe P. Warren, Trustee, and John Hancock Mut. Life Ins. Co.


ERWIN, Judge.

Plaintiffs' sole assignment of error is that the trial court erred in allowing the motion by defendants Warren and John Hancock for summary judgment. We do not agree and accordingly affirm the judgment of the trial court.

In arguing that the trial court committed error, plaintiffs rely heavily on the 2 July 1969 telephone call from Goldring and Fewell to defendant Warren. They assert that in the course of this conversation, Warren misrepresented...

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