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CONGER v. TRAVELERS INSURANCE COMPANY

No. 305.

131 S.E.2d 889 (1963)

260 N.C. 112

Mittle S. CONGER v. The TRAVELERS INSURANCE COMPANY and Colonial Stores, Incorporated.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

J. W. H. Roberts by Willis A. Talton, Greenville, for plaintiff appellant.

Taylor, Allen & Warren by John H. Kerr, III, Goldsboro, for defendant appellees.

SHARP, Justice.

In considering the ground upon which the demurrer was sustained two statutes are applicable.

G.S. § 1-123 provides in part: "The plaintiff may unite in the same complaint several causes of action, of legal or equitable nature, or both, where they all arise out of—(1) The same transaction, or transaction connected with the same subject of action. (2) Contract, express or implied * * ...

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