McDowell v. McDowell

MARTIN (Robert M.), Judge.

Defendant’s sole assignment of error is that summary judgment linked with a writ of specific performance should not have been allowed in a matter of contract law. We disagree.

The purpose of summary judgments is to bring litigation to an early decision on the merits without the delay and expense of trial where it can be demonstrated that no material facts are in issue. Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). It is to eliminate formal trials where only questions of law are involved. If there is no genuine issue as to any material fact and a…