Grundey v. Clark Transfer Co., Inc.

ARNOLD, Judge.

Defendant contends that plaintiff’s motion for summary judgment was improperly granted. For this to be so, there must exist a genuine issue of material fact, or it must be defendant who was entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Defendant’s Sixth Defense, which was the subject of the motion, alleges that it is Chapter 25 and not Chapter 44A of the General Statutes which applies to the transaction between the parties. The trial court found that Chapter 25 is the applicable statute, but found further that defendant had failed to comply with the requirements…