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SOUTHEASTERN HOSP. SUPPLY CORP. v. CLIFTON & SINGER

No. 9212SC258.

430 S.E.2d 470 (1993)

110 N.C. App. 652

SOUTHEASTERN HOSPITAL SUPPLY CORPORATION, Plaintiff/Appellant, v. CLIFTON & SINGER, Partnership, and Benjamin Clifton, Jr., Defendant/Appellee.

Court of Appeals of North Carolina.

June 15, 1993.

Attorney(s) appearing for the Case

Senter, Hockman & Koenig, P.A., by William L. Senter, Fayetteville, for plaintiff appellant.

Bailey & Dixon, by Gary S. Parsons and Renee C. Riggsbee, Raleigh, for defendant appellee.

ARNOLD, Chief Judge.

The test on a Rule 12(b)(6) motion is whether the complaint is legally sufficient. Tennessee v. Environmental Management Comm'n, 78 N.C. App. 763, 765, 338 S.E.2d 781, 782 (1986). In ruling upon such motion, the trial court must view the allegations of the complaint as admitted and on that basis must determine as a matter of law whether the allegations state a claim for which relief may be granted.

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