MOZINGO v. NORTH CAROLINA NAT. BANK

No. 763SC404.

229 S.E.2d 57 (1976)

31 N.C. App. 157

Larry G. MOZINGO and wife et al. v. NORTH CAROLINA NATIONAL BANK.

Court of Appeals of North Carolina.

October 20, 1976.


Attorney(s) appearing for the Case

Joseph F. Bowen, Jr., Greenville, for plaintiffs-appellants.

Everett & Cheatham by James T. Cheatham and Edward J. Harper, II, Greenville, for defendants-appellees.


ARNOLD, Judge.

We first consider whether the trial court erred in dismissing, under Rule G.S. 1A-1, 12(b)(6), plaintiffs' claim for breach of the alleged oral contract to renew plaintiffs' unsecured notes until payment could be made from proceeds of the sale of the apartment projects. Rule 12(b)(6) provides that a complaint must be dismissed when on its face it appears that no law supports it, that some fact essential to it is missing, or that some disclosed fact...

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