HARBACH v. LAIN AND KEONIG, INC.

No. 834SC1194.

326 S.E.2d 115 (1985)

Jeanne S. HARBACH and husband, Dr. Francis Harbach v. LAIN AND KEONIG, INC., John Koenig, Clarence Hemminger, Vip Real Estate, Inc., Monika Perry, and Roxanne Chamness.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Holland & Poole by B.L. Poole, Clinton, for plaintiffs-appellees.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins and E.R. Zumwalt, III, Fayetteville, for defendants-appellants Lain and Koenig, Inc. and Clarence Hemminger.


PHILLIPS, Judge.

The first error assigned by defendant appellants is the denial of their motion for summary judgment. This assignment is overruled without discussion because the record does not show what evidence, if any, was presented to the court in support of the motion. Though the motion states that it is supported by "depositions, answers to interrogatories and admissions of fact, together with the affidavits attached hereto," no such documents are in the record...

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