PEARCE YOUNG ANGEL CO. v. DON BECKER ENTERPRISES, INC.

No. 795DC225.

260 S.E.2d 104 (1979)

43 N.C. App. 690

PEARCE YOUNG ANGEL COMPANY v. DON BECKER ENTERPRISES, INC., d/b/a Harbor View Restaurant, Donald E. Becker and Ted Seawell.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Carter & Carter by James Oliver Carter, Wilmington, for plaintiff-appellant.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant-appellee.


ARNOLD, Judge.

Plaintiff supported its motion for summary judgment with two affidavits and three exhibits. At the hearing on the parties' summary judgment motions plaintiff then offered the testimony of its salesman Carl Dawsey to prove that defendant had been notified by plaintiff of Seawell's termination of guarantee and that defendant had agreed to continue to be bound. Without directly ruling on the admissibility of this testimony, the court gave summary judgment...

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