GUILFORD REALTY & INSURANCE CO. v. BLYTHE BROS. CO.

No. 603.

131 S.E.2d 900 (1963)

260 N.C. 69

GUILFORD REALTY AND INSURANCE COMPANY, Plaintiff, v. BLYTHE BROTHERS COMPANY, a corporation, and Howard Construction Company, a corporation, individually and jointly, doing business as Blythe-Howard Companies, Defendants. J. Clarence COGGIN and wife, Betty A. Coggin, Plaintiffs, v. BLYTHE BROTHERS COMPANY, a corporation, and Howard Construction Company, a corporation, individually and jointly, doing business as Blythe-Howard Companies, Defendants.

Supreme Court of North Carolina.

July 19, 1963.


Attorney(s) appearing for the Case

Sapp & Sapp, Greensboro, for defendants-appellants.

Haworth, Riggs, Kuhn & Haworth and Schoch & Schoch, High Point, for plaintiffs-appellees.


BOBBITT, Justice.

This appeal presents two questions: 1. Does the complaint state facts sufficient to constitute a cause of action? 2. If so, do the facts alleged in the challenged portions of the answer constitute a defense to plaintiff's alleged cause of action?

Defendants, in their demurrer ore tenus, asserted in general terms that the complaint did not allege facts sufficient to constitute a cause of action. G.S. § 1-127(6). They did...

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