Houck v. Overcash

BOBBITT, Chief Justice.

The legal principles applicable in considering a motion for summary judgment under Rule 56 of the Rules of Civil Procedure, G.S. 1A-1, are set forth in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971), and approved in later cases.

In Kessing, supra at 534, 180 S.E. 2d at 830, the Court quotes with approval the following from Gordon, The New Summary Judgment Rule in North Carolina, 5 Wake Forest Intra. L. Rev. 87, 88 (1969): “The rule does not contemplate that the court will decide an issue of fact, but rather will determine whether a real issue of fact…