Freeman v. STURDIVANT DEVELOPMENT COMPANY

ARNOLD, Judge.

Appeal of Defendants

Defendants initially contend that the trial court erred in denying their motion for summary judgment. As movants under Rule 56 they had the burden of establishing the lack of a triable issue of fact. Houck v. Overcash, 282 N.C. 623, 193 S.E. 2d 905 (1973) ; Stewart v. Singleton, 280 N.C. 460, 186 S.E. 2d 400 (1972) ; Hinson v. Jefferson, 20 N.C. App. 204, 200 S.E. 2d 812 (1973). Papers of the opposing party are indulgently regarded and all inferences drawn in his favor. Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972). Viewing in this manner the materials…