Johnson v. Manning

306 S.E.2d 137 (1983)

Herbert JOHNSON

v.

Richard MANNING and Samuel Applebaum, Individually and as partners d/b/a the Hiking Post.

No. 8230DC791.

Court of Appeals of North Carolina.

September 6, 1983.

Robert G. Cowen, Sylva, for defendant appellants.

No brief filed, for plaintiff appellee.

JOHNSON, Judge.

Summary judgment is proper only when the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. G.S. 1A-1, Rule…