Northen v. Elledge

FAIRES, Superior Court Judge.

This is an appeal from a summary judgment in favor of the defendant-appellee and against the plaintiff-appellant entered upon the motion of the former in an action to recover an alleged balance due the plaintiff on a verbal contract for the erection of buildings for the defendant by the plaintiff on a cost-plus basis. There is but one assignment of error with its subdivisions, to wit: “That the court erred in granting a summary judgment upon the motion of defendant, for the reason that many issues of fact were to be tried.”

The complaint alleges that the plaintiff…