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OAK ISLAND SOUTHWIND REALTY v. PRUITT

No. 8713DC579.

366 S.E.2d 489 (1988)

89 N.C. App. 471

OAK ISLAND SOUTHWIND REALTY, INC. v. Ralph Edward PRUITT and wife, Betty B. Pruitt.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

Prevatte, Prevatte & Peterson by James R. Prevatte, Jr., and Kenneth R. Campbell, Southport, for plaintiff, appellee.

Frink, Foy, Gainey & Yount, P.A. by A. H. Gainey, Jr., Southport, for defendant, appellant Ralph Edward Pruitt.

Whitesides, Robinson and Blue and Wilson by Henry M. Whitesides, Gastonia, for defendant, appellant Betty B. Pruitt.

HEDRICK, Chief Judge.

We first consider the appeal of defendant Ralph Pruitt. He contends the trial court erred in entering summary judgment for plaintiff, arguing that the record discloses a genuine issue of material fact as to the existence of an oral contract.

The North Carolina Supreme Court has held that:

[S]ummary judgment may be granted for a party with the burden of proof on the basis of his own...

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