BILLINGS v. TAYLOR

No. 305.

89 S.E.2d 743 (1955)

243 N.C. 57

Coy BILLINGS v. Baxter H. TAYLOR, trading as Taylor Construction Company.

Supreme Court of North Carolina.

November 2, 1955.


Attorney(s) appearing for the Case

Ward & Bennett, Asheville, for defendant, appellant.

Trivette, Holshouser & Mitchell, North Wilkesboro, for plaintiff, appellee.


JOHNSON, Justice.

It may be conceded that much of the complaint deals in generalities and conclusions of the pleader. However, when it is stripped of such allegations, enough remains to overthrow the demurrer.

These, in substance, are the crucial, determinative allegations of the complaint: (1) that in the early part of 1954, the plaintiff set out a tobacco crop on his land just off the right of way obtained by the North Carolina State Highway and Public Works...

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