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WACHOVIA BANK & TRUST CO. v. TEMPLETON OLDSMOBILE-CADILLAC-PONTIAC, INC.

No. 9121SC946.

427 S.E.2d 629 (1993)

109 N.C. App. 352

WACHOVIA BANK & TRUST COMPANY, N.A. v. TEMPLETON OLDSMOBILE-CADILLAC-PONTIAC, INC., (formerly Templeton Oldsmobile-Cadillac, Inc., d/b/a Templeton Dodge).

Court of Appeals of North Carolina.

March 16, 1993.

Attorney(s) appearing for the Case

Davis & Harwell, P.A. by Fred R. Harwell, Jr., Winston-Salem, for plaintiff appellee.

Herman L. Stephens and Howard C. Jones, II, Winston-Salem, for defendant appellant.

COZORT, Judge.

On 13 February 1990 plaintiff filed a complaint alleging breach of contract. Defendant answered denying the essential allegations of the complaint and filed a counterclaim also alleging breach of contract. On 14 February 1991 plaintiff moved for summary judgment. Defendant did not respond.

The case was calendared for 25 February 1991. John Hall, attorney of record for defendant, appeared at calendar call with attorney Richard Badgett. At that...

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