Newman Bros. v. Wind King Manufacturing Co.

Court of Appeals of North Carolina

Newman Bros. v. Wind King Manufacturing Co.

197 S.E.2d 809, 18 N.C. App. 613, 1973 N.C. App. LEXIS 1956

CourtCourt of Appeals of North Carolina

DecidedJuly 11, 1973

DocketNo. 7323SC263

StatusPublished

Cited by1 cases

This text of 197 S.E.2d 809 (Newman Bros. v. Wind King Manufacturing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Newman Bros. v. Wind King Manufacturing Co., 197 S.E.2d 809, 18 N.C. App. 613, 1973 N.C. App. LEXIS 1956 (N.C. Ct. App. 1973).

Pincite

Opinion

MORRIS, Judge.

Upon the record before us, it is clear that there are genuine issues of material fact in regard to the agency of the additional defendant Butler for the corporate defendant, and also with respect to the alleged breach of warranty by the corporate defendant. Summary judgment is proper only where there is no genuine issue as to any material fact and a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). Therefore, it was error for the trial judge to enter summary judgment in this case, dismissing the plaintiff’s claim.

The judgment entered is

Reversed.

Judges Campbell and Parker concur.

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MORRIS, Judge.

Upon the record before us, it is clear that there are genuine issues of material fact in regard to the agency of the additional defendant Butler for the corporate defendant, and also with respect to the alleged breach of warranty by the corporate defendant. Summary judgment is proper only where there is no genuine issue as to any material fact and a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). Therefore, it was error for the trial judge to enter summary judgment in this case, dismissing the plaintiff’s claim.

The judgment entered is

Reversed.

Judges Campbell and Parker concur.

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Bluebook (online)

197 S.E.2d 809, 18 N.C. App. 613, 1973 N.C. App. LEXIS 1956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-bros-v-wind-king-manufacturing-co-ncctapp-1973.

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