BROWN v. LANIER

No. 824SC178.

299 S.E.2d 279 (1983)

John Edward BROWN v. Marian Davis LANIER and Linwood Lanier.

Court of Appeals of North Carolina.

February 1, 1983.


Attorney(s) appearing for the Case

Keith E. Fountain, Jacksonville, for plaintiff.

Dunn & Dunn by Raymond E. Dunn, New Bern, for defendants.


WELLS, Judge.

This appeal involves interpretation of the provisions of G.S. 1A-1, Rules 7, 8, and 9 of the Rules of Civil Procedure. More specifically, we address the question of whether plaintiff was required to file a reply alleging fraud and misrepresentation. Defendants contend that summary judgment was properly granted because plaintiff failed to specifically plead the fraud he relies on in avoidance of the release. We disagree and reverse.

Rule 7 of...

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