Holley v. Coggin Pontiac, Inc.

CLARK, Judge.

This appeal presents the questions of whether the trial court’s action was proper in awarding summary judgment based upon defendant’s defenses of accord and satisfaction and the one-year statute of limitations set forth in N.C. Gen. Stat. § 1-54(2). We now hold that with respect to both of these defenses, summary judgment was inappropriately granted.

I

Accord and Satisfaction

This aspect of the dispute between the parties involves the scope of an agreement or accord made between the parties in 1977. Defendant, Coggin Pontiac, Inc., argues that plaintiff, Edward Holley, both orally…