i am being sued by a party in superior court in north carolina. i breached the contract based on verbal assurances by responsible parties. they are now suing for damages. i've already filed my answer. if their attorney asks for summary judgment,, is it possible or will the judge let it go to jury trial
Not sure exactly what you are asking. Written contracts usually have specific language governing modifications to the terms and conditions of the contract. Most modifications, by virtue of the terms of the contract require that modifications also must be in writing and executed by all parties. As for summary judgment, there is no way to really give you an answer since you have not presented enough facts to provide an opinion.
A party to a contract can release the other party, and that can be a defense to the breach of contract claim.
If the plaintiff files a motion for summary judgment, they're claiming that there are no material facts in dispute. This release seems to be a material factor that you seem to be claim and they seem to be denying. The goal is opposing a MSJ is to advise the judge that there's a dispute in the facts, so you should dispute the fact of this release. If plaintiff doesn't mention this release, you'd want to dispute not just the facts they submit, but you'd want to submut disputed facts of your own including this release.
Obviously you're best off hiring a lawyer to represent you, since it's easy to get outlitigated and lose the case just because you don't know the procedural or substantive rules of the process, even if you do have a meritorious defense.
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