ADAMS v. BEARD DEVELOPMENT CORP.

No. 9314SC193.

446 S.E.2d 862 (1994)

Brenton D. ADAMS, Trustee of the Brenton D. Adams Retirement Plan, v. BEARD DEVELOPMENT CORPORATION and H. Terry Hutchens, Trustee.

Court of Appeals of North Carolina.

August 16, 1994.


Attorney(s) appearing for the Case

Brenton D. Adams, Dunn, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, by Robin K. Vinson, Raleigh, for defendant-appellee Beard Development Corp.


McCRODDEN, Judge.

In this appeal, plaintiff brings forward two assignments of error: first, he contends that the trial court erred in failing to enjoin defendant from proceeding with the foreclosure sale pending a judicial determination of the correct amount due on the promissory note; and, second, he assigns as error the granting of summary judgment, alleging that, because of his allegations of usurious interest, there was a genuine issue of material fact as to the...

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