HOOVER v. CROTTS

No. 387.

61 S.E.2d 705 (1950)

232 N.C. 617

HOOVER v. CROTTS et al.

Supreme Court of North Carolina.

November 8, 1950.


Attorney(s) appearing for the Case

Miller & Moser, Asheboro, for plaintiff appellant.

Spence, Smith & Walker, Asheboro, for defendant appellees.


BARNHILL, Justice.

The exception to the refusal of the court to render judgment on the pleadings is untenable. Defendants denied default in the payment of rent and plead tender thereof under G.S. § 42-33. Thus it appears that all material facts are not admitted. Instead, the answer raises issues of fact for the jury. There can be no judgment for plaintiff on the pleadings unless the facts entitling plaintiff to relief are admitted, and no valid defense or plea...

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