Caldwell v. Deese

HEDRICK, Judge.

The sole question for resolution on this appeal is whether the trial court erred in allowing defendant’s motion for summary judgment.

*438Although the trial judge in entering summary judgment for the defendant declared in the language of Rule 56 that there were no genuine issues of material fact, the findings made by him (findings being unnecessary in passing on a motion for summary judgment, Wall v. Wall, 24 N.C. App. 725, 212 S.E. 2d 238 (1975), cert. denied 287 N.C. 264, 214 S.E. 2d 437 (1975)) indicate that the court felt that the plaintiff’s complaint failed to state a claim…