Henry v. Henry

HEDRICK, Judge.

It is manifest from the record before us that there are genuine triable issues of material fact as to plaintiff’s claim and as to defendant’s counterclaim. The trial judge erred in dismissing plaintiff’s complaint and in entering summary judgment awarding defendant $207.11 on his counterclaim. G.S. 1A-1, Rule 56.

The judgment is

Reversed.

Judges Bkock and Parker concur.