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KING v. LIBBEY

No. 164.

116 S.E.2d 339 (1960)

253 N.C. 188

Horace T. KING, Trading and doing business as Hanover Iron Works, v. R. H. LIBBEY and wife, Mrs. R. H. Libbey.

Supreme Court of North Carolina.

October 12, 1960.

Attorney(s) appearing for the Case

Aaron Goldberg, Rountree & Clark, Wilmington, for defendants-appellants.

Stevens, Burgwin, McGhee & Ryals, Poisson, Marshall, Barnhill & Williams, Wilmington, for plaintiff-appellee.

WINBORNE, Chief Justice.

The sole assignment of error on this appeal is predicated upon exception to the ruling of the trial court,—sustaining the plaintiff's demurrer to defendants' counterclaim as set up in their answer.

This raises the question as to whether or not the counterclaim states two or more causes of action. Paraphrasing North Carolina Land Co. v. Beatty, 1873, 69 N.C. 329, opinion by Rodman, J., quoted in Heath v. Kirkman,

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