WACHOVIA MTG. CO. v. AUTRY-BARKER-SPURRIER, ETC.

No. 7726SC967.

249 S.E.2d 727 (1978)

39 N.C. App. 1

WACHOVIA MORTGAGE COMPANY v. AUTRY-BARKER-SPURRIER REAL ESTATE, INC., Klutts Realty and Construction Company, Inc., J. Vaughn Klutts, Joy W. Klutts, Richard W. Autry, Patricia D. Autry, Robert N. Spurrier, Blandina W. Spurrier and John J. Barker.

Court of Appeals of North Carolina.

December 5, 1978.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Sydnor Thompson, William L. Rikard, Jr., and Heloise C. Merrill, Charlotte, for plaintiff-appellee.

Mraz, Casstevens & Davis by John A. Mraz, Charlotte, for defendants-appellants.


HEDRICK, Judge.

All of the defendants' assignments of error relate to the granting of partial summary judgment for plaintiff. Under Rule 56, summary judgment shall be entered "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. § 1A-1, Rule 56(c); Kidd v. Early...

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