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PENNY v. CITY OF DURHAM

No. 666.

107 S.E.2d 72 (1959)

249 N.C. 596

W. H. PENNY and wife, Pauline B. Penny, Roy S. Whitfield and wife, Bernice Whitfield, Thomas H. McCauley, E. Weldon Herndon and wife, Robena J. Herndon, Irving W. Page and wife, Eula P. Page, and J. P. Carlton and wife, Ivey M. Carlton, v. CITY OF DURHAM, a Municipal Corporation, Edison H. Johnson, Building and Plumbing Inspector of the City of Durham, and Northland Investment Company. Inc., a Corporation.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

Reade, Fuller, Newsom & Graham, Durham, for plaintiffs, appellants.

C. V. Jones, Durham, for appellees City of Durham and Edison H. Johnson, Building Inspector.

E. C. Brooks, Jr., E. K. Powe and Eugene C. Brooks, III, Durham, for appellee Northland Investment Company, Inc.

MOORE, Justice.

A demurrer admits, for the purpose of testing the pleadings, the truth of factual averments properly alleged and such relevant inferences of fact as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader. Bailey v. McGill, 247 N.C. 286, 100 S.E.2d 860.

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