Harris-Teeter Supermarkets, Inc. v. Hampton

ARNOLD, Judge.

The defendant’s motion for summary judgment was based upon two grounds. She argued that the option was not timely exercised, and that the conditions precedent to her obligations were not fulfilled. Summary judgment, is appropriate only where there are no genuine and material issues of fact to be resolved. Texaco, Inc. v. Creal, 310 N.C. 695, 314 S.E. 2d 506 (1984). However, if summary judgment was proper for either of these reasons, the judgment must be affirmed.

First we will determine whether summary judgment based upon Mrs. Hampton’s claim that she was not required to perform…