No. 6910SC125.

167 S.E.2d 3 (1969)

4 N.C. App. 432

Kenneth L. JARVIS v. Mrs. Charles E. PARNELL.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Yarborough, by Irvin B. Tucker, Jr., Raleigh, for plaintiff appellant.

Blackwell, Blackwell, Canady, Eller & Jones, by W. R. Jones, Jr., Winston-Salem, for defendant appellee.


The only question presented for determination is: "Did the trial judge err in overruling the plaintiff's demurrer to the further answer and defense of the defendant?" We think that this question should be answered in the negative.

It is not the plaintiff's contention that the defendant failed to properly plead fraud. It is his contention that, regardless of whether it was properly pleaded, fraud is not a valid defense and should, therefore...

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