RANDOLPH v. SCHUYLER

No. 92.

201 S.E.2d 833 (1974)

284 N.C. 496

Clyde C. RANDOLPH, Jr. v. Elva J. SCHUYLER.

Supreme Court of North Carolina.

January 25, 1974.


Attorney(s) appearing for the Case

Charles F. Vance, Jr., and W. A. Copenhaver, Winston-Salem, for plaintiff; Womble, Carlyle, Sandridge & Rice, Winston-Salem of counsel.

Allen A. Bailey and Thomas D. Windsor, Charlotte, for defendant.


LAKE, Justice.

We concur in the holding of the Court of Appeals that under Rule 8(a), Rules of Civil Procedure, the allegations of the complaint are sufficient to permit the admission in evidence of the second contract between the plaintiff and the defendant and her husband (Exhibit B). This, however, does not dispose of the matter. The question which remains is, Upon all of the evidence, was the plaintiff entitled to a summary judgment for $4,333.33?

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