Kirkpatrick & Associates, Inc. v. Wickes Corp.

MARTIN (Harry C-), Judge.

Summary judgment is appropriate only when the evidence before the court demonstrates that there is no genuine issue as to any material fact and that a party is entitled to a judgment as a matter of law. N.C. Gen. Stat. 1A-1, Rule 56(c). Here, the facts are not controverted. The sole issue on appeal is whether, as a matter of law, plaintiff is entitled to indemnification by defendant under the terms of the contract.

In interpreting a contract of indemnity, the Court’s function is to ascertain and give effect to the intention of the parties, and the ordinary rules of…