First Citizens Bank & Trust Co. v. McLamb

JOHNSON, Judge.

Summary judgment must not be granted if there exists a genuine issue of material fact. North Carolina General Statutes § 1A-1, Rule 56(c) (1990). Defendants’ contend that the issues of material fact are (1) whether the agreement was actually a surety contract or a guaranty agreement and (2) whether the contract was materially altered so as to release them from their obligation. Plaintiff contends that these issues of fact are not material since the terms of the agreement signed by defendants allow plaintiff to enter into note modifications, such as an extension of time, with…