1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 121 S.E.2d
  5. 121 S.E.2d 562 (1961)
 

FREEL v. CENTER, INC.

No. 22.

121 S.E.2d 562 (1961)

255 N.C. 345

William C. FREEL and wife, Nell T. Freel, v. CENTER, INC., Henry B. Foy, and Tai Y. Lee, Partners, Doing Business as Foy and Lee Associates, and as Individuals, and Paul L. Bryson.

Supreme Court of North Carolina.

September 20, 1961.

Attorney(s) appearing for the Case

Williams, Williams & Morris, by J. N. Golding, Asheville, for Center, Inc., defendant-appellants.

Uzzell & DuMont, by Harry DuMont, Asheville, for Paul L. Bryson, defendant-appellees.

HIGGINS, Justice.

This appeal presents for review the order sustaining Bryson's demurrer. A demurrer must be sustained if the challenged pleading (complaint or cross-complaint) fails to allege each material fact necessary to constitute a cause of action. Ledwell v. Proctor, 221 N.C. 161, 19 S.E.2d 234. Facts and not conclusions must be alleged. Broadway v. Town of Asheboro, 250 N.C. 232, 108 S.E.2d 441

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases