Brooks v. Hackney

ARNOLD, Judge.

The question presented on appeal is whether the trial court properly denied plaintiff’s motion for summary judgment. We must determine (1) whether there is a genuine issue as to any material fact, and (2) whether the movant is entitled to judgment as a matter of law. N.C.R. Civ. P. 56(c).

Plaintiff argues that the trial court should have granted his motion for summary judgment because the evidence raised no material issue of fact, but only a question of law: is the property description contained in the writings sufficiently definite to meet *564the requirements of the statute of…