CAROLINA WIRE & CABLE, INC. v. FINNICAN

No. 7926SC658.

264 S.E.2d 138 (1980)

46 N.C. App. 87

CAROLINA WIRE & CABLE, INC. v. Gregory J. FINNICAN and Percival's, Inc.

Court of Appeals of North Carolina.

April 1, 1980.


Attorney(s) appearing for the Case

William H. Ashendorf, Charlotte, for plaintiff-appellant.

Paul L. Whitfield and Rodney W. Seaford, Charlotte, for defendant-appellee Gregory J. Finnican.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for defendant-appellee Percival's, Inc.


WELLS, Judge.

Plaintiff has brought forward only one exception and only one question for our review: Did the trial court err in ruling that plaintiff's complaint failed to state a claim upon which relief could be granted?

Under the notice theory of pleading, a statement of claim is adequate if it gives sufficient notice of the claim asserted to enable the adverse party to answer and prepare for trial, to allow for the application of res judicata, and...

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