BAUMANN v. SMITH

No. 61.

260 S.E.2d 626 (1979)

298 N.C. 778

Geoffrey BAUMANN d/b/a Baumann Building and Company v. Mr. Peter SMITH and wife, Mrs. Mimi Smith.

Supreme Court of North Carolina.

December 4, 1979.


Attorney(s) appearing for the Case

Frank M. Wooten, Jr., by Thomas B. Carpenter, Jr., Greenville, for plaintiff-appellant.

Taylor, Brimson & Aycock by James C. Marrow, Jr., Tarboro, for defendants-appellees.


BRANCH, Chief Justice.

The sole question presented by this appeal is whether the Court of Appeals erred in affirming the trial court's granting of summary judgment for defendants. Plaintiff contends that defendants failed to meet their burden of showing that there was no genuine issue as to any material fact, and consequently summary judgment should not have been granted even though plaintiff offered no proof in opposition to the motion.

G.S. 1A-1, Rule 56...

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