ROY BURT ENTERPRISES, INC. v. MARSH

No. 561PA89.

400 S.E.2d 425 (1991)

328 N.C. 262

ROY BURT ENTERPRISES, INC. v. Waymon MARSH and wife, Shirley Marsh.

Supreme Court of North Carolina.

February 7, 1991.


Attorney(s) appearing for the Case

Brown, Robbins, May, Pate, Rich, Scarborough & Burke by P. Wayne Robbins and Carol M. White, Pinehurst, for plaintiff-appellee.

John Randolph Ingram, Cary, for defendant-appellant Waymon Marsh.


MARTIN, Justice.

We hold that plaintiff was not entitled to summary judgment because there exist genuine issues of material fact.

In November 1987, plaintiff, Roy Burt Enterprises, Inc., sued defendants Waymon and Shirley Marsh for unpaid accounts for goods and services in the amount of $48,396.48. In response to the summons, Waymon Marsh wrote a letter to Mr. Roy Burt, president of Roy Burt Enterprises, stating that the fertilizer sold to him by plaintiff...

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