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TALMAN v. DIXON

No. 161.

116 S.E.2d 338 (1960)

253 N.C. 193

George W. TALMAN v. James D. DIXON and Alice F. Dixon.

Supreme Court of North Carolina.

October 12, 1960.

Attorney(s) appearing for the Case

Aaron Goldberg, Wilmington, for plaintiff appellant.

Isaac C. Wright, Wilmington, for defendant appellees.

RODMAN, Justice.

The contract forming the basis of plaintiff's cause of action, being incorporated as a part of the complaint, fixed the rights and duties of the parties. Plaintiff's allegation that defendants had, pursuant to that contract, agreed to convey title to the land was a mere conclusion of law resulting from his interpretation of the contract. It is not an allegation of fact admitted by the demurrer. Sossamon...

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