GATX Logistics, Inc. v. LOWE'S COMPANIES

WYNN, Judge.

In this appeal, the defendant Lowe’s Companies, Inc. argues that factual issues exist as to whether it notified plaintiff GATX Logistics, Inc. of its contract claim, and whether it timely brought the subject action. We agree and therefore reverse the trial court’s grant of summary judgment. See Superior Foods, Inc. v. Harris Teeter Super Markets, Inc., 288 N.C. 213, 217 S.E.2d 566 (1975).

Lowe’s secondly argues that issues of fact exist on its unfair and deceptive trade practice claims. We disagree because Lowe’s evidence at best shows a mere breach of contract which is not…