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ANDREWS v. DAVENPORT

No. 864SC400.

353 S.E.2d 671 (1987)

Felix Dixon ANDREWS, Edna Andrews Rowe, Leo Green and wife, Elizabeth H. Green v. Robert H. DAVENPORT and wife, Louise S. Davenport, Weyerhaeuser Company, Allen Goodson, Marvin L. Goodson Company and Bobby Goodson.

Court of Appeals of North Carolina.

March 17, 1987.

Attorney(s) appearing for the Case

Henderson, Baxter & Alford by David S. Henderson, New Bern, for plaintiff-appellants.

Allen, Hooten & Hodges by John M. Martin, Kinston, for defendant-appellees Robert H. Davenport and Louise S. Davenport.

T.R. Thompson, Jr., Aurora, for defendant-appellees Weyerhaeuser Co., Allen Goodson, Marvin L. Goodson Co. and Bobby Goodson.

PHILLIPS, Judge.

The order of summary judgment dismissing plaintiffs' action is not well founded and we vacate it. Before summary judgment is proper the lack of a triable issue of fact must be clearly demonstrated, Pitts v. Village Inn Pizza, Inc., 296 N.C. 81, 249 S.E.2d 375 (1978), and that has not been done in this case. The evidence before the court does not establish any of the following...

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