KLEINFELTER v. NORTHWEST BUILDERS & DEVELOPERS

No. 7917SC177.

261 S.E.2d 498 (1980)

44 N.C. App. 561

C. Harry KLEINFELTER and Doris L. Kleinfelter v. NORTHWEST BUILDERS AND DEVELOPERS, INC.

Court of Appeals of North Carolina.

January 15, 1980.


Attorney(s) appearing for the Case

Pfefferkorn & Cooley by William G. Pfefferkorn and J. Wilson Parker, Winston-Salem, for plaintiffs-appellants.

Hudson, Petree, Stockton, Stockton & Robinson by Dudley Humphrey and William A. Brafford, Winston-Salem, for defendant-appellee.


CLARK, Judge.

In determining whether the trial court erred in allowing partial summary judgment with respect to plaintiffs' claims for fraud, deceptive trade practices in violation of N.C.Gen.Stat. § 75-1.1, and punitive damages, it is particularly significant that the only matter offered by defendant to support its motion for summary judgment was the affidavit of Norman Simmons to the effect that he knew plaintiffs and they appeared to have normal intelligence...

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