Stroup Sheet Metal Works, Inc. v. Heritage, Inc.
Court of Appeals of North Carolina
APPEAL by defendant from Allen, Judge (C. Walter). Judgment entered 26 September 1978 in District Court, BUNCOMBE County. Heard in the Court of Appeals on 30 August 1979. This is a civil action wherein plaintiff seeks to recover $744.70 for services rendered in installing, modifying, and starting up heating systems for the defendant. Plaintiff filed a complaint alleging only that “[defendant owes plaintiff $744.70 on an account.”
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APPEAL by defendant from Allen, Judge (C. Walter). Judgment entered 26 September 1978 in District Court, BUNCOMBE County. Heard in the Court of Appeals on 30 August 1979. This is a civil action wherein plaintiff seeks to recover $744.70 for services rendered in installing, modifying, and starting up heating systems for the defendant. Plaintiff filed a complaint alleging only that “[defendant owes plaintiff $744.70 on an account.” Defendant filed a motion for a more definite statement pursuant to G.S. § 1A-1, Rule 12(e) which was subsequently denied. Thereafter, defendant filed an answer…
1Opinion of the Court
HEDRICK, Judge.
By assignment of error number two, defendant contends the trial court erred in granting plaintiff’s motion for summary judg ment. Under Rule 56, summary judgment shall be entered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” G.S. § 1A-1, Rule 56(c); Kidd v. Early, 289 N.C. 343, 222 S.E. 2d 392 (1976). The judge’s role in ruling on a motion for summary judgment is to determine…
2Cases cited5 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Singleton v. StewartSupreme Court of North Carolina · 1972
- North Carolina National Bank v. GillespieSupreme Court of North Carolina · 1976
- Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.Supreme Court of North Carolina · 1978
- Nugent v. BeckhamCourt of Appeals of North Carolina · 1978
3Cited by10 opinions
- Hylton v. KoontzCourt of Appeals of North Carolina · 2000
- Miller v. C. W. Myers Trading Post, Inc.Court of Appeals of North Carolina · 1987
- Brooks v. Mount Airy Rainbow Farms Center, Inc.Court of Appeals of North Carolina · 1980
- Lohrmann v. Iredell Memorial Hospital Inc.Court of Appeals of North Carolina · 2005
- Amoco Oil Co. v. GriffinCourt of Appeals of North Carolina · 1986
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