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GIVENS v. SELLARS

No. 27.

159 S.E.2d 530 (1968)

273 N.C. 44

Robert O. GIVENS v. J. O. SELLARS, William Hoffler, Jerry Timmons and Sikes Brothers, Inc.

Supreme Court of North Carolina.

February 28, 1968.

Attorney(s) appearing for the Case

Aydlett & White, Elizabeth City, for defendant appellants J. O. Sellars and William Hoffler.

Philip P. Godwin, Gatesville, for defendant appellants Jerry Timmons and Sikes Brothers, Inc.

Small, Small & Watts, Elizabeth City, for plaintiff appellee Robert O. Givens.

HUSKINS, Justice.

"The office of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of factual averments well stated and such relevant inferences of fact as may be deduced therefrom. Furthermore, pleadings challenged by a demurrer are to be construed liberally with a view to substantial justice between the parties. G.S. 1-127. G.S. 1-151. McKinley v. Hinnant, 242 N.C. 245, 87...

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