Blackmon v. Valley Decorating Co.

BRITT, Judge.

Did the trial judge commit error in granting Vaughn’s motion for summary judgment and dismissing the counterclaim as to Vaughn’s with prejudice? We answer in the negative.

Pertinent allegations of the counterclaim are as follows:

2. During November, 1969, in Belk’s Stores in the City of Concord, North Carolina, the Plaintiff, acting as the authorized agent of Vaughn’s, Inc., in the presence and hearing of one Harold Knowles, maliciously spoke of and concerning the Defendants, the statement that the Defendants were no longer in business and were a defunct corporation and, further,…