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SMITH v. TAYLOR

No. 793DC429.

261 S.E.2d 19 (1979)

44 N.C. App. 363

Jerry SMITH and wife, Betty Smith v. Johnnie Ray TAYLOR and Phillip Sutton, t/a Silver Horseshoe Stables.

Court of Appeals of North Carolina.

December 18, 1979.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Robert D. Rouse III, Greenville, for plaintiffs-appellees.

Willis A. Talton, Greenville, for defendants-appellants.

VAUGHN, Judge.

Defendants' argument that the complaint fails to state a claim upon which relief can be granted is without merit. It does not affirmatively appear on the face of the complaint that plaintiffs cannot recover under any state of facts which could be proved in support of the claim, and the complaint gives sufficient notice of the transaction that produced the claim to enable defendants to understand the basis of the claim, to enable them to file a responsive...

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