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BOOHER v. FRUE

No. 8728SC37.

358 S.E.2d 127 (1987)

Richard M. BOOHER and Nancy Ann Brown v. William C. FRUE, Ronald K. Payne and Michael Y. Saunders.

Court of Appeals of North Carolina.

July 21, 1987.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman by James E. Walker and Alice Carmichael Richey, Charlotte, for plaintiffs-appellants.

Ronald W. Howell, Asheville, for defendants-appellees Frue and Payne.

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in dismissing their complaint setting forth claims for constructive fraud and constructive trust. We agree.

In order to survive a motion to dismiss under Rule 12(b)(6) a plaintiff must only "state enough to give the substantive elements of a legally recognized claim." Raritan River Steel Co. v. Cherry, Bekaert and Holland, 79 N.C. App. 81, 85, 339 S.E.2d 62

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