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GRAHAM v. MORRISON

No. 8327SC1317.

323 S.E.2d 385 (1984)

Cary White GRAHAM, Charles M. Graham, Jr., Bonnie Lillian Hewett White and Ethel W. White v. Donald R. MORRISON.

Court of Appeals of North Carolina.

December 18, 1984.

Attorney(s) appearing for the Case

Childers, Fowler & Childers by Max L. Childers and David C. Childers, Mount Holly, for plaintiff-appellee.

Tucker, Hicks, Sentelle, Moon & Hodge by John E. Hodge, Jr. and Charles H. Cranford, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant appeals from the trial judge's grant of plaintiffs' motion for summary judgment, ordering him to proceed with the purchase of two tracts of land from plaintiffs. Plaintiffs' motion came at the end of all the evidence, and would have been more appropriately framed as a motion for directed verdict. Because the two motions are functionally similar, see Williams v. Carolina Power & Light Co., 296 N.C. 400

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