KINDLEY v. PRIVETTE

No. 388.

84 S.E.2d 660 (1954)

241 N.C. 140

E. J. KINDLEY v. H. A. PRIVETTE.

Supreme Court of North Carolina.

November 24, 1954.


Attorney(s) appearing for the Case

C. M. Llewellyn, B. W. Blackwelder and M. B. Sherrin, Jr., Concord, for plaintiff, appellee.

R. Furman James, L. E. Barnhardt, Hartsell & Hartsell and William L. Mills, Jr., for defendant, appellant.


BOBBITT, Justice.

The demurrer tests the sufficiency of the complaint. The rules applicable in so testing the complaint have been often stated and are well settled. Pressly v. Walker, 238 N.C. 732, 78 S.E.2d 920, and cases cited. The complaint must be fatally defective. If any portion of it alleges facts sufficient to constitute a cause of action, the complaint will stand. Cummings v. Dunning, 210...

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