HOLLEY v. COGGIN PONTIAC, INC.

No. 7815SC1102.

259 S.E.2d 1 (1979)

43 N.C. App. 229

Edward G. HOLLEY v. COGGIN PONTIAC, INC.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Winston & Blue by J. William Blue, Jr., Chapel Hill, for plaintiff-appellant.

Powe, Porter, Alphin & Whichard by N. A. Ciompi, Durham, for defendant-appellee.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. Rebecca R. Bevacqua, Raleigh, for the State, amicus curiae.


CLARK, Judge.

This appeal presents the questions of whether the trial court's action was proper in awarding summary judgment based upon defendant's defenses of accord and satisfaction and the one-year statute of limitations set forth in N.C.Gen.Stat. § 1-54(2). We now hold that with respect to both of these defenses, summary judgment was inappropriately granted.

I.

ACCORD AND SATISFACTION

This aspect of the dispute between the parties...

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