L & S LEASING, INC. v. City of Winston-Salem

SMITH, Judge.

Plaintiff L&S Leasing, Inc., filed this action against defendant City of Winston-Salem on 16 May 1994 alleging “breach of contractual obligations.” Defendant, in its answer, denied the existence of a contract. Summary judgment was granted in defendant’s favor on 14 February 1995. Plaintiff appeals.

In its sole assignment of error, plaintiff contends the trial court erred by granting defendant’s summary judgment motion on the ground that defendant improperly raised affirmative defenses for the first time at the summary judgment hearing. Those defenses were an employee’s lack of…