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FIDELITY & CASUALTY COMPANY v. CHARLES W. ANGLE, INC.

No. 593.

91 S.E.2d 575 (1956)

243 N.C. 570

The FIDELITY & CASUALTY COMPANY of NEW YORK v. CHARLES W. ANGLE, Inc., and Charles W. Angle.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Smith, Moore, Smith & Pope, Greensboro, for plaintiff appellant.

Andrew Joyner, Jr., Greensboro, for defendant appellee.

WINBORNE, Justice.

Admitting the truth of the allegations of fact set out in the complaint in present action, as is done when testing the sufficiency of a pleading challenged by demurrer, the Court is unable to say that in no view of the case the complaint fails to state a cause of action. Hence, error is made to appear in the judgment from which appeal is taken.

As to the first ground on which demurrer is based, that is, that the contract here in suit, not...

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