ADAMS v. NELSEN

No. 166PA84.

329 S.E.2d 322 (1985)

313 N.C. 442

W.J. ADAMS v. Robert J. NELSEN and wife, Alice E. Nelsen.

Supreme Court of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Darden and Pierce by R.D. Darden, Jr., Morehead City, for plaintiff-appellant.

Bennett, McConkey & Thompson, P.A. by Thomas S. Bennett, Morehead City, for defendants-appellees.


FRYE, Justice.

This dispute presents several issues relative to an arbitration clause contained within a contract. First, we must decide whether a contractual clause which provides that the parties "shall" arbitrate disputes under the contract prevents a party from pursuing a separate legal remedy through court action. Secondly, whether a defendant's 12(b)(6) motion in his answer automatically "ousts" the court of jurisdiction and whether such a motion effectively...

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