Court of Appeals of North Carolina May 2, 1978, 7721SC582 (Goode v. Tait, Inc.)

WEBB, Judge.

The judgment must be reversed. Rule 56(c) of the Rules of Civil Procedure provides in part:

“The judgment sought shall be rendered forthwith 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.