MYRTLE APARTMENTS, INC. v. LUMBERMEN'S MUT. CAS. CO.

No. 252.

127 S.E.2d 759 (1962)

258 N.C. 49

MYRTLE APARTMENTS, INC. v. LUMBERMEN'S MUTUAL CASUALTY COMPANY.

Supreme Court of North Carolina.

October 31, 1962.


Attorney(s) appearing for the Case

Dockery, Ruff, Perry, Bond & Cobb, by William H. McNair, Charlotte, for plaintiff, appellant.

Carpenter, Webb & Golding, by William B. Webb, Charlotte, for defendant, appellee.


HIGGINS, Justice.

In testing the sufficiency of a complaint, the court ignores the conclusions and looks to the facts. Here, the plaintiff alleged: "The boiler was in all respects sound and in proper working condition"; and that the defendant, through its engineer, represented that, "The general condition of the boiler is poor. It is, therefore, recommended that this boiler be replaced with a new or better one of standard...

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