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BRYANT v. OCCIDENTAL LIFE INSURANCE COMPANY OF N.C.

No. 668.

117 S.E.2d 435 (1960)

253 N.C. 565

Dorothy K. BRYANT, Administratrix of the Estate of Clyde James Bryant, Deceased, v. OCCIDENTAL LIFE INSURANCE COMPANY OF N.C., a corporation.

Supreme Court of North Carolina.

December 14, 1960.

Attorney(s) appearing for the Case

Spears, Spears & Powe and Alexander H. Barnes, Durham, for plaintiff, appellant.

Smith, Leach, Anderson & Dorsett and C. K. Brown, Jr., Raleigh, for defendant, appellee.

BOBBITT, Justice.

The question discussed in the briefs is whether the two "causes of action" are "mutually repugnant and inconsistent."

A cause of action consists of the facts alleged in the complaint. G.S. § 1-122; Lassiter v. Norfolk & C. R. R. Co., 136 N.C. 89, 48 S.E. 642; Stamey v. Rutherfordton Electric Membership Corp., 249 N.C. 90, 94, 105 S.E.2d 282.

No fact alleged...

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