HARWELL ENTERPRISES, INC. v. STEVENS

No. 7027SC426.

175 S.E.2d 739 (1970)

HARWELL ENTERPRISES, INC. v. Clarence E. STEVENS, Trading as Stevens Engineering Company.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1970.


Attorney(s) appearing for the Case

Whitener & Mitchen by Basil L. Whitener and Anne M. Lamm, Gastonia, for plaintiff-appellant.

Frank P. Cooke by James C. Gray, Gastonia, for defendant-appellee.


MORRIS, Judge.

Plaintiff's first assignment of error is directed to the overruling of its motion for judgment on the pleadings. Plaintiff earnestly contends that a demurrer interposed by defendant on 11 September 1969 and overruled was a sham and frivolous pleading, for the sole purpose of delaying the plaintiff in procuring judgment. The ground stated for the demurrer was that the complaint failed to state a cause of action because it does not allege a written contract...

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