WEBB, Judge.
The defendant first argues that the trial court erred in denying his motion and in allowing the plaintiff's motion for summary judgment because the pleadings, affidavits and depositions establish the existence of a genuine issue of material fact regarding an error in drafting the formula included in paragraph 7.
In McBride v. Johnson Oil and Tractor Co., 52 N.C. App. 513, 515,
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