Cook v. Morrison

GREENE, Judge.

Plaintiff appeals from an order entered 12 February 1991 granting defendant David Osteen’s motion for summary judgment.

Viewed in the light most favorable to the plaintiff, the evidence produced at the summary judgment hearing tends to show the following: In December, 1986, David Osteen (defendant) bought a piece of real estate located in Henderson County, North Carolina now known as the Sunny Pines Subdivision. Sometime in the early months of 1987, the defendant decided to develop the land. Although the defendant held a residential contractor’s license, he was a truck driver by…