ANDRESEN v. EASTERN REALTY CO.

No. 823SC130.

298 S.E.2d 764 (1983)

P.K. ANDRESEN and wife, Christine Andresen; J.N. Bryan and wife, Martha Bryan; Jean Brown; F.D. Duncan and wife, Elizabeth C. Duncan; Rosa Lee L. Harrell; C.F. Irons and wife, Malene G. Irons; Billy E. Jones and wife, Hannah Jones; H.T. Patterson and wife, Lois Patterson; Helen S. Parkenson; Carl P. Pierce and wife, Lucy N. Pierce; J.J. Perkins and wife, Mamie L. Perkins; Nicholas Redka and wife, Barbara Redka; John O. Reynolds and wife, Ella Reynolds; Helen W. Stasavich; Sam B. Underwood, Jr. and wife, Alma W. Underwood; D.C. Wade, Jr. and wife, Ann Wade; and Edna S. Whichard v. EASTERN REALTY COMPANY, Marvin K. Blount, the City of Greenville and Alton E. Warren.

Court of Appeals of North Carolina.

January 18, 1983.


Attorney(s) appearing for the Case

Underwood & Leech by David A. Leech, Greenville, for plaintiffs-appellants.

Blount, Crisp & Savage by John M. Savage, Greenville, for defendants-appellees Eastern Realty Co. and Marvin K. Blount.


ARNOLD, Judge.

Plaintiffs lost this case under a G.S. 1A-1, Rule 12(b)(6) motion since the trial judge believed that they had failed to state a claim upon which relief could be granted. Although neither the defendants' answer nor the court's judgment mention the rule specifically, defendants' answer and the judgment both speak in terms of dismissing the plaintiff's complaint. A G.S. 1A-1, Rule 12(b)(6) motion is a proper vehicle for dismissing a complaint when it...

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