FERRELL v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 670.

115 S.E.2d 34 (1960)

252 N.C. 830

George W. FERRELL and wife, Catherine H. Ferrell v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

June 30, 1960.


Attorney(s) appearing for the Case

Robert I. Lipton, F. Gordon Battle and Bryant, Lipton, Strayhorn & Bryant, Durham, for plaintiffs, appellants.

T. W. Bruton, Atty. Gen., Kenneth Wooten, Jr., Asst. Atty. Gen., Charles W. Barbee, Jr., Raleigh, and Reade, Fuller, Newsom & Graham, Durham, for defendant, appellee.


MOORE, Justice.

The demurrer challenges the jurisdiction of the Superior Court to adjudicate the matters alleged in the complaint.

The action sounds in contract. Plaintiffs seek specific performance of the alleged contract and to that end a mandatory injunction, or in the alternative damages for alleged breach of contract.

The State may not be sued unless by statute it has consented to be sued or has otherwise...

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