Zimmerman v. Hogg & Allen, Professional Ass'n

BRANCH, Justice.

G.S. 1A-1, Rule 56(c), in part, provides:

“ . . . The [summary] judgment sought shall be rendered forthwith if 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 any party is entitled to a judgment as a matter of law. ...”

In instant case the Court considered pleadings, affidavits, and depositions furnished by both parties, and, after determin ing that there was no genuine issue as to any material fact necessary to determine plaintiff’s claim,…