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COTHRAN v. EVANS

No. 8120SC574.

289 S.E.2d 398 (1982)

James W. COTHRAN, H. Lawton Cothran and Risden A. Lyon, v. Tildon EVANS.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

Johnson, Patterson, Dilthey & Clay by Richard T. Boyette, Raleigh, and Page, Neville & Dedmond by Richard E. Dedmond, Pinehurst, for plaintiffs-appellants.

J. Gates Harris, Red Springs, for defendant-appellee.

VAUGHN, Judge.

Plaintiffs argue that the court erred in granting summary judgment in favor of defendant. We disagree.

Summary judgment is properly granted only if all the evidence before the court indicates that there is no genuine issue as to any material fact and that one party is entitled to judgment as a matter of law. Brenner v. School House, Ltd., 302 N.C. 207, 274 S.E.2d 206

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