All in One Maintenance Service v. Beech Mountain Construction Co.

JOHNSON, Judge.

The sole question presented by this appeal is whether the trial court erred in granting the defendant’s motion for summary judgment on the ground that the release executed by the plaintiff bars plaintiffs contract action or bars any recovery by the plaintiff as a matter of law. For the reasons set forth below, we hold that summary judgment was improperly granted in favor of the defendant, Beech Mountain Construction Company.

The evidentiary forecast showed that on or about 16 November 1981, the plaintiff, All In One Maintenance Service and the defendant, Beech Mountain…