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EXXON CHEM. AMERICAS, DIV. OF EXXON v. KENNEDY

No. 8129SC1232.

295 S.E.2d 770 (1982)

EXXON CHEMICAL AMERICAS, a DIVISION OF EXXON CHEMICAL COMPANY, a Division of Exxon Corporation, a New Jersey Corporation v. John KENNEDY.

Court of Appeals of North Carolina.

October 5, 1982.

Attorney(s) appearing for the Case

Ladson F. Hart, Brevard, for plaintiff-appellee.

Potts & Welch by Paul B. Welch, III, Brevard, for defendant-appellant.

WHICHARD, Judge.

Defendant first contends summary judgment was improper because his answer denied plaintiff's allegation that property was sold to Plastifax in reliance on the guaranty, thus presenting an issue of fact as to "whether ... the sale and delivery of the merchandise would have occurred without the execution of the guarantee." The guaranty agreement provided:

[Defendant] guarantee[s] to [plaintiff...

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