BROWN v. AMERICAN MESSENGER SERVICES

No. COA97-560.

498 S.E.2d 384 (1998)

Steven D. BROWN, Plaintiff, v. AMERICAN MESSENGER SERVICES, INC., and Herbert T. Ballard, Defendants.

Court of Appeals of North Carolina.

April 7, 1998.


Attorney(s) appearing for the Case

Black Rogers & Ruth, P.L.L.C. by George W. Wiseman, III, Concord, for defendants-appellants.

Blair Conaway Bograd & Martin, P.A. by Henry N. Pharr III, Charlotte, for plaintiff-appellee.


WYNN, Judge.

In this case, we decide whether a letter, filed with the Clerk of Superior Court, which offered partial payment of a claim and promised future payment in full was sufficient to constitute an answer so that the trial court could consider and grant a Rule 12(c) Motion for Judgment on the Pleadings. Viewed in the totality of the circumstances, the letter substantively answered the complaint's allegations and therefore we hold that the letter did constitute...

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