WILLIAMSON v. POPE

No. 8213DC128.

299 S.E.2d 661 (1983)

Odell WILLIAMSON and wife, Virginia Williamson v. J. Miller POPE, Jr. and wife, Helen Otis Pope, d/b/a Winds Store.

Court of Appeals of North Carolina.

February 1, 1983.


Attorney(s) appearing for the Case

Walton, Fairley & Jess by Elva L. Jess, Southport, for plaintiffs-appellees.

Frink, Foy & Gainey by Henry G. Foy, Southport, for defendants-appellants.


VAUGHN, Chief Judge.

Defendants assign as error the trial judge's grant of plaintiffs' motion for summary judgment. Summary judgment should be rendered "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." G.S. 1A-1, Rule 56(c). Defendants' first argument is that summary judgment...

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