CHEARS v. ROBERT A. YOUNG & ASSOCIATES, INC.

No. 801SC308.

272 S.E.2d 402 (1980)

Nelson P. CHEARS (Same as Nelson P. Chears, Sr.), Plaintiff, v. ROBERT A. YOUNG & ASSOCIATES, INC., and Robert A. Young, Sr., Original Defendants, v. V. Thomas CHEARS, Jr., Additional Defendant.

Court of Appeals of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Broughton, Wilkins & Crampton by J. Melville Broughton, Jr., Raleigh, for additional defendant-appellant.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by Norman W. Shearin, Jr. and Roy A. Archbell, Jr., Kitty Hawk, for original defendants-appellees.


MORRIS, Chief Judge.

Assuming arguendo that Chears is the real party in interest, and that the three-year statute of limitations, G.S. 1-52, does not bar the action to recover the commissions in question, we still affirm the trial court's order of summary judgment in favor of the original defendants.

G.S. 1A-1, Rule 56, requires that a motion for summary judgment be rendered when the pleadings, affidavits, depositions, interrogatories and admissions show that...

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