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FIRST CITIZENS BANK & TRUST CO. v. McLAMB

No. 9211SC762.

439 S.E.2d 166 (1993)

112 N.C. App. 645

FIRST CITIZENS BANK & TRUST COMPANY, Plaintiff, v. Phillip C. McLAMB, Kathy S. McLamb, James B. Rivenbark, Elaine N. Rivenbark, Harold E. Bryant, Donna G. Bryant, Benjamin F. Clifton, Jr., and Katherine Clifton, Defendants.

Court of Appeals of North Carolina.

Publication Ordered December 23, 1993.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Michael P. Flanagan and Louise W. Flanagan, Greenville, for plaintiff-appellee.

Battle, Winslow, Scott & Wiley by Joseph N. Callaway, Rocky Mount, for defendants-appellants.

JOHNSON, Judge.

Summary judgment must not be granted if there exits a genuine issue of material fact. North Carolina General Statutes § 1A-1, Rule 56(c) (1988). Defendants' contend that the issues of material fact are (1) whether the agreement was actually a surety contract or a guaranty agreement and (2) whether the contract was materially altered so as to release them from their obligation. Plaintiff contends that these issues of fact are not material since...

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