Cline v. B. F. Seagle

CLARK, Judge.

The dispositive question presented on appeal is whether the trial court erred in granting judgment on the pleadings for the plaintiffs. We hold that it did.

In Jones v. Warren, 274 N.C. 166, 170, 161 S.E. 2d 467, 470 (1968), the court said, “The law does not authorize the entry of a judgment on the pleadings in any case where the pleadings raise an issue of fact on any single material proposition. [Citations omitted.] ” We think at least one issue arises on the pleadings: Did the parties intend that the contract be conditioned on plaintiffs’ obtaining financing for the purchase?…