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PEOPLES OIL COMPANY v. RICHARDSON

No. 286.

157 S.E.2d 369 (1967)

271 N.C. 696

PEOPLES OIL COMPANY v. Ethel P. RICHARDSON.

Supreme Court of North Carolina.

November 1, 1967.

Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley, Rocky Mount, for plaintiff.

Mitchell & Murphy, Raleigh, R. Conrad Boddie, Rocky Mount, for defendant.

BRANCH, Justice.

The sole question presented for decision is: Did the allegations of defendant's further answer and defense and counterclaim allege facts sufficient to constitute a defense or to state a cause of action entitling her to any relief?

It is apparent that plaintiff's motion to strike challenged the legal sufficiency of defendant's further answer and defense and counterclaim, and therefore it will be treated as a demurrer. Williams v. Hunter,

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