RICHARDSON v. CAROLINA BANK

No. 8120 S.C. 1341.

297 S.E.2d 197 (1982)

Peggy S. RICHARDSON v. The CAROLINA BANK, Personal Representative of the Estate of John P. Richardson.

Court of Appeals of North Carolina.

November 16, 1982.


Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Van Camp, Gill & Crumpler by James R. Van Camp, Southern Pines, for defendant-appellee.


MARTIN, Judge.

This appeal presents two questions, the most important question being whether the trial court erred in granting defendant's motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. We hold that the trial court erred in granting defendant's Rule 12(b)(6) motion, since plaintiff's complaint sets forth a cause of action for unjust enrichment.

The facts in this case are similar to those in Fulp v. Fulp,...

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