(DOWNLOAD) "Cox v. Funk" by Court of Appeals of North Carolina No. 7821SC705 # eBook PDF Kindle ePub Free

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Title: Cox v. Funk
Author : Court of Appeals of North Carolina No. 7821SC705
Release Date : January 19, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

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[42 NCApp Page 34] The sole assignment of error in this case is directed to the entry of summary judgment in favor of defendants. Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. Rule 56(c), North Carolina Rules of Civil Procedure. The crucial question in this case is whether the provision, Subject to closing of house at 900 Hawthorne Rd. Sept 15, 1977 is a condition precedent to the closing of the contract to purchase the Coxes' house. If so, from the facts presented in the pleadings, affidavits, and exhibits, summary judgment was appropriately entered because it was apparent that the sale of the Funks' house would not be consummated prior to the closing date on the Coxes' home.