COOK v. MORRISON

No. 9129SC397.

413 S.E.2d 922 (1992)

105 N.C. App. 509

Sharon R. COOK, Executrix of the Estate of Everett E. Cook, Plaintiff, v. James Monroe MORRISON d/b/a Morrison Septic Tank and Construction Company and David H. Osteen, Defendants.

Court of Appeals of North Carolina.

March 3, 1992.


Attorney(s) appearing for the Case

Shuford, Best, Rowe, Brondyke & Wolcott, by Patricia L. Arcuri and James Gary Rowe, Asheville, for plaintiff-appellant.

Blue, Fellerath, Cloninger & Barbour, P.A., by John C. Cloninger, Asheville, for defendant-appellee David H. Osteen.


GREENE, Judge.

Plaintiff appeals from an order entered 12 February 1991 granting defendant-David Osteen's motion for summary judgment.

Viewed in the light most favorable to the plaintiff, the evidence produced at the summary judgment hearing tends to show the following: In December, 1986, David Osteen (defendant) bought a piece of real estate located in Henderson County, North Carolina now known as the Sunny Pines Subdivision. Sometime in the early months...

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