Avrett and Ledbetter Roofing and Heating Co. v. Phillips

EAGLES, Judge.

The issue on appeal is whether the trial court erred in granting summary judgment in favor of plaintiffs. Summary judgment is appropriate where there is no genuine issue as to any material fact and the rights of the parties may be determined as a matter of law. Taylor v. Taylor, 45 N.C. App. 449, 263 S.E. 2d 351, rev’d on other grounds, 301 N.C. 357, 271 S.E. 2d 506 (1980). Here there is no substantial controversy as to the facts. The existence and validity of the shareholders’ agreement is not disputed. What is disputed is the legal effect of certain language in the agreement.

Th…