GRUNDEY v. CLARK TRANSFER CO., INC.

No. 7821SC936.

256 S.E.2d 732 (1979)

42 N.C. App. 308

Gotz GRUNDEY v. CLARK TRANSFER COMPANY, INC.

Court of Appeals of North Carolina.

July 17, 1979.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Keith W. Vaughan, Winston-Salem, for plaintiff appellee.

William E. Rabil, Jr., Winston-Salem, for defendant appellant.


ARNOLD, Judge.

Defendant contends that plaintiff's motion for summary judgment was improperly granted. For this to be so, there must exist a genuine issue of material fact, or it must be defendant who was entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Defendant's Sixth Defense, which was the subject of the motion, alleges that it is Chapter 25 and not Chapter 44A of the General Statutes which applies to the transaction between the parties...

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