DULIN v. WILLIAMS

No. 668.

79 S.E.2d 213 (1953)

239 N.C. 33

DULIN v. WILLIAMS et al.

Supreme Court of North Carolina.

December 16, 1953.


Attorney(s) appearing for the Case

Howerton & Howerton, Greensboro, for defendants J. E. Williams and wife, Desmonia Williams, appellants.

Claude Hicks, Mockville, for the plaintiff-appellee.


ERVIN, Justice.

The legal sufficiency of the complaint is not challenged by any of the parties. We nevertheless confront this reality at the threshold of the appeal: When the pleadings of the plaintiff are reduced to their factual averments, they do not state facts sufficient to constitute a cause of action in favor of the plaintiff against any of the defendants.

The plaintiff undertakes to plead for relief in the alternative. He prays primarily for a judgment...

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