First Union National Bank of North Carolina v. Naylor

GREENE, Judge.

The third party defendant, Joel Goodman (Husband), appeals the trial court’s order of summary judgment in favor of the third party plaintiff, Fay Naylor (Wife).

Viewed in the light most favorable to the Husband, the evidence tends to show the following: On 29 August 1985, while married, the Wife and Husband entered into a separation agreement. The pertinent part of that agreement reads as follows:

In consideration of the Husband’s assumption of all of the secured debt referred to hereinabove, Wife has agreed to execute and pay in full a note to Husband in her own name in the…