Cox v. Funk

VAUGHN, Judge.

The sole assignment of error in this case is directed to the entry of summary judgment in favor of defendants. Summary judgment is appropriate “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.” Rule 56(c), North Carolina Rules of Civil Procedure. The crucial question in this case is whether the provision, “Subject to closing of house at 900 Hawthorne Rd. Sept 15, 1977” is a condition…