LATTIMORE v. FISHER'S FOOD SHOPPE, INC.

No. 8310SC737.

316 S.E.2d 344 (1984)

Evelyn W. LATTIMORE v. FISHER'S FOOD SHOPPE, INC.

Court of Appeals of North Carolina.

June 19, 1984.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Michael T. Medford, Raleigh, for plaintiff-appellee.

Boxley, Bolton & Garber by Ronald H. Garber, Raleigh, for defendant-appellant.


EAGLES, Judge.

Defendant assigns as error the trial court's granting summary judgment to the plaintiff. Defendant contends that the lease agreement provides by its express terms that defendant has the right to unlimited successive renewals and that summary judgment in favor of plaintiff was therefore inappropriate. We agree.

A motion for summary judgment is properly allowed only when there is no genuine issue as to any material fact, and the moving party is...

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