McLean v. Sale

MARTIN (Harry C.), Judge.

Plaintiffs verified complaint was properly considered as ant affidavit. Schoolfield v. Collins, 281 N.C. 604, 189 S.E. 2d 208 (1972). Facts asserted by the plaintiff must be accepted as true in considering defendant’s motion. Railway Co. v. Werner Industries, 286 N.C. 89, 209 S.E. 2d 734 (1974). The record must be considered in the light most favorable to the plaintiff in passing upon defendant’s motion for summary judgment. Patterson v. Reid, 10 N.C. App. 22, 178 S.E. 2d 1 (1970).

Considering the record in this case with these principles in mind, we hold there are…