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BURNS v. GULF OIL CORPORATION

No. 525.

98 S.E.2d 339 (1957)

246 N.C. 266

R. L. BURNS v. GULF OIL CORPORATION, H. Q. Draughn, R. I. Hicks, E. L. Martin and Charlie Johnston.

Supreme Court of North Carolina.

May 22, 1957.

Attorney(s) appearing for the Case

Pittman & Staton, Lowry M. Betts, Sanford, Douglass & McMillan, Raleigh, P. H. Wilson and H. F. Seawell, Jr., Carthage, for plaintiff, appellee.

Gavin, Jackson & Gavin, Sanford, Basil M. Watkins, Durham, and Smith Leach, Anderson & Dorsett, Raleigh, for defendant Gulf Oil Corporation, appellant.

BOBBITT, Justice.

The record does not disclose the ground on which plaintiff's demurrer ore tenus was interposed or sustained. So far as appears, it was directed to Gulf's three causes of action, collectively. The question debated here, and presumably in the court below, is whether Gulf's causes of action are permissible counterclaims under G.S. § 1-137. This opinion deals solely with that question.

Under G.S. § 1-137, "A cause of action arising...

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