PATTERSON v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 293.

146 S.E.2d 390 (1966)

266 N.C. 489

Marion C. PATTERSON v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Fields & Cooper and Leon Henderson, Jr., Rocky Mount, for plaintiff.

Gardner, Connor & Lee, Wilson, for defendant.


LAKE, Justice.

Upon a demurrer to a complaint for the reason that it fails to state a cause of action, the complaint must be construed as a whole, every reasonable intendment and presumption must be made in favor of the plaintiff and if, when it is so construed, facts sufficient to state a cause of action upon any theory are alleged therein, or may logically be inferred from the allegations thereof, the complaint must be sustained and the demurrer overruled. Hargrave...

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