McGARITY v. CRAIGHILL, RENDLEMAN, INGLE & BLYTHE, P.A.

No. 8626SC394.

349 S.E.2d 311 (1986)

Alfred A. McGARITY and William A. McGarity v. CRAIGHILL, RENDLEMAN, INGLE & BLYTHE, P.A., James B. Craighill, John T. Rendleman, John R. Ingle and Robert B. Blythe.

Court of Appeals of North Carolina.

October 21, 1986.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Edward T. Hinson, Jr., and Judith E. Egan, Charlotte, for plaintiffs-appellants.

Smith, Helms, Mulliss & Moore by E. Osborne Ayscue, Jr., and Benne C. Hutson, Charlotte, for defendants-appellees.


HEDRICK, Chief Judge.

Plaintiffs contend that the trial court erred to their prejudice in granting defendants' motion for summary judgment. Plaintiffs argue that there is a genuine issue of material fact in that there is evidence which shows that defendants are liable to plaintiffs for Mr. Clarkson's conversion under four theories.

The first of these theories is agency. Plaintiffs claim that Mr. Clarkson was an agent of the firm, and was acting within the...

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