Wagner v. R, J & S Associates

WELLS, Judge.

At the outset we note that plaintiffs’ appeal from the court’s order granting partial summary judgment may be premature. See, e.g., Beam v. Morrow, Sec. of Human Resources, 77 N.C. App. 800, 336 S.E. 2d 106 (1985), disc. rev. denied, 316 N.C. 192, 341 S.E. 2d 575 (1986). However, in the exercise of our discretion, we consider the appeal on its merits. See Smith v. Watson, 71 N.C. App. 351, 322 S.E. 2d 588 (1984), disc. rev. denied, 313 N.C. 509, 329 S.E. 2d 394 (1985).

The dispositive question for this appeal is whether the 23 July amendment to the Royal partnership agreement…