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COUNTRY BOYS v. CAROLINA WAREHOUSE

No. COA06-210.

636 S.E.2d 309 (2006)

COUNTRY BOYS AUCTION & REALTY CO., INC., Plaintiff, v. CAROLINA WAREHOUSE, INC., Jerry C. Moyes; and Terry McLaughlin, Defendants.

Court of Appeals of North Carolina.

November 7, 2006.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, P.A., by W. Dudley Whitley, III, Rocky Mount, for plaintiff-appellee.

Stubbs & Perdue, P.A., by Rodney A. Currin, New Bern, for defendant-appellee Carolina Warehouse, Inc.

Rose Rand Attorneys, P.A., by T. Slade Rand, Jr., and Jason R. Page, Wilson, for defendant-appellant Moyes.

BRYANT, Judge.

Defendant Jerry C. Moyes (Moyes) appeals from an order entered 17 October 2005 granting partial summary judgment in favor of Country Boys Auction & Realty Company, Inc. (plaintiff), a North Carolina corporation owned and operated by Douglas Gurkins and his son, Mike Gurkins. For the reasons below, we affirm the order of the trial court.

Facts

On 6 June 2002, Moyes entered into a subordination agreement with Cornerstone Bank...

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