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HEWETT v. WEISSER

No. COA08-1563.

689 S.E.2d 408 (2009)

Gerald E. HEWETT, Plaintiff, v. Robert William WEISSER, Bonnie Vanhouten Weisser, and Tonya Gail Goode, Defendants.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

David and Associates, P.L.L.C., Wilmington, by David F. Turlington, for plaintiff-appellant.

Ennis, Newton & Baynard, P.A., Wilmington, by Stephen C. Baynard, for Robert and Bonnie Weisser.

STROUD, Judge.

The trial court granted summary judgment in favor of defendants, Robert and Bonnie Weisser because plaintiff pled accord and satisfaction. Plaintiff appeals arguing, inter alia, that pursuant to N.C. Gen.Stat. § 1-540.2 the trial court could not properly grant summary judgment for defendants Robert and Bonnie Weisser. For the following reasons, we agree and reverse the trial court order granting...

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