KIRKPATRICK & ASSOCIATES v. WICKES CORP.

No. 8110SC44.

280 S.E.2d 632 (1981)

KIRKPATRICK & ASSOCIATES, INC. v. The WICKES CORPORATION, t/a Wickes Lumber and Building Supplies.

Court of Appeals of North Carolina.

August 4, 1981.


Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith by Lacy M. Presnell III, Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Nigle B. Barrow, Jr., Raleigh, for defendant-appellee.


HARRY C. MARTIN, Judge.

Summary judgment is appropriate only when the evidence before the court demonstrates that there is no genuine issue as to any material fact and that a party is entitled to a judgment as a matter of law. N.C.Gen.Stat. 1A-1, Rule 56(c). Here, the facts are not controverted. The sole issue on appeal is whether, as a matter of law, plaintiff is entitled to indemnification by defendant under the terms of the contract.

In interpreting a contract...

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