Merritt v. Walter Pocock Associates Brokers, Inc.

HAYS, Justice.

Appeal was taken from a summary judgment entered in the Superior Court in favor of the plaintiff-appellee, Walter Po-cock Associates Brokers, Inc., and against the appellant-defendant, James Merritt. For the reasons stated below, we reverse.

The issue on appeal is whether or not there is a genuine issue of material fact existing in this lawsuit which forecloses the granting of a motion for summary judgment.

On the basis of the pleadings, depositions and the memoranda filed on the summary judgment motion, the facts material to this appeal are as follows: A real estate agent working…