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DEITZ v. JACKSON

No. 8126SC717.

291 S.E.2d 282 (1982)

Baxter Ernest DEITZ v. William E. JACKSON, d/b/a W. E. Jackson Construction Company; Ray Coleman; and American Construction, Inc.; and Syntek Corporation.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Harris, Bumgardner & Corry by Seth H. Langson, Gustonia, for plaintiff-appellant.

Cansler, Lockhart, Parker & Young by John M. Burtis, Charlotte, for defendant-appellee American Const., Inc.

Caudle, Underwood & Kinsey by C. Ralph Kinsey, Jr., Charlotte, for defendant-appellee Syntek Corp.

HEDRICK, Judge.

"A complaint is deemed sufficient to withstand a motion to dismiss under Rule 12(b)(6) where no insurmountable bar to recovery appears on the face of the complaint and the complaint's allegations give adequate notice of the nature and extent of the claim." Presnell v. Pell, 298 N.C. 715, 719, 260 S.E.2d 611, 613 (1979). "A claim for relief should not suffer dismissal unless...

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