BANE v. NORFOLK-SOUTHERN RAILROAD COMPANY

No. 454.

130 S.E.2d 406 (1963)

259 N.C. 285

Max BANE v. NORFOLK-SOUTHERN RAILROAD COMPANY.

Supreme Court of North Carolina.

April 17, 1963.


Attorney(s) appearing for the Case

E. Reamuel Temple, Smithfield, for plaintiff-appellant.

Simms & Simms, Raleigh, for defendant-appellee.


PER CURIAM.

At the hearing on the demurrer plaintiff "stated in open court that plaintiff does not seek any recovery for any alleged breach of contract, but only for trespass and conspiracy." Even so, the complaint does not allege that plaintiff agreed to an exchange of property within the time limited or ever offered to convey his property in exchange for other lands.

Stripped of conclusions the following facts are alleged: Defendant owned and was using a...

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