Square D Co. v. C. J. Kern Contractors, Inc.

I concur in the majority opinion with respect to the defendant Six Associates, Inc. Because I firmly believe that there is a factual question as to whether the contract with the defendant C. J. Kern Contractors, Inc. was under seal, I dissent from the holding of the majority opinion in favor of that defendant.

This is an appeal from entry of summary judgment against plaintiff. If there is a genuine issue of material fact, summary judgment cannot be allowed. Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 251 S.E. 2d 419 (1979). The contract in this case was prepared on a form of the American…