J. F. WILKERSON CONTRACTING CO. v. ROWLAND

No. 7610SC53.

225 S.E.2d 840 (1976)

29 N.C. App. 722

J. F. WILKERSON CONTRACTING COMPANY, INC. v. R. T. ROWLAND et al.

Court of Appeals of North Carolina.

June 16, 1976.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Lawrence W. Hill, Jr., Raleigh, for plaintiff-appellant.

Poyner, Geraghty, Hartsfield & Townsend by John L. Shaw and Cecil W. Harrison, Jr., Raleigh, for defendants-appellees, J. H. Pearson, Trustee for the Northwestern Bank and Northwestern Bank.


CLARK, Judge.

The judgment on the pleadings disposed of fewer than all the claims, but this appeal is not subject to dismissal under G.S. 1A-1, Rule 54(b) since the trial court in the judgment found "no just reason for delay".

In its judgment on the pleadings the trial court made findings of fact and conclusions of law. The court is not required to find facts in a judgment on the pleadings since the facts determining disposition are those alleged in the pleadings...

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