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RIPLEY v. MERCIER

482 A.2d 850 (1984)

Harry B. RIPLEY and Ruth C. Ripley v. Donald M. MERCIER and Jacqueline L. Mercier.

Supreme Judicial Court of Maine.

Decided October 12, 1984.

Attorney(s) appearing for the Case

Amerling & Burns, David P. Ray (orally), Portland, for plaintiffs.

Waterhouse, Carroll & Cyr, Thomas Danylik (orally), Biddeford, for defendants.

Before McKUSICK, C.J. and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

SCOLNIK, Justice.

Plaintiffs Harry and Ruth Ripley appeal from an order of dismissal by the Superior Court, York County, under M.R.Civ.P. 12(b)(6), of their action on a promissory note. Because we hold that their complaint states a claim upon which relief can be granted, we vacate the order of dismissal and remand for trial.

A complaint is sufficient to withstand a Rule 12(b)(6) motion if it avers facts that would entitle a plaintiff to relief upon some theory...

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