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CARVER v. ROBERTS

No. 8514SC345.

337 S.E.2d 126 (1985)

Thomas A. CARVER and wife, Willie R. Carver v. C. Paul ROBERTS and Home Savings and Loan Association of Durham, Garnishee and Third-Party Plaintiff, v. Charles B. NYE and wife, Mary J. Nye, Third-Party Defendants.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Randall, Yaeger, Woodson, Jervis & Stout by Robert B. Jervis, Durham, for plaintiffs-appellants.

B.J. Sanders, Durham, for defendant-appellee C. Paul Roberts.

Mount, White, Hutson & Carden, P.A., by James H. Hughes, Durham, for garnishee and third-party plaintiff.

MARTIN, Judge.

Plaintiffs contend by this appeal that the trial court erred by granting Robert's Rule 12(b)(6) motion to dismiss. Plaintiffs apparently concede that the allegations of their complaint were insufficiently particular to allege fraud by misrepresentation, under previous decisions of this court in Terry v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981) and Coley v. North...

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