JOHNSON, Judge.
The question we are called upon to decide is whether Everette pleaded an affirmative defense such that it was entitled to a summary judgment as a matter of law. We conclude that as a matter of law Everette was not entitled to a summary judgment.
The purpose of G.S. 1A-1 Rule 56 motion for summary judgment is to avoid a useless trial. See, Pridgen v. Hughes,
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