(DOWNLOAD) "Dockery v. Lampart Table Co." by Court of Appeals of North Carolina No. 7718SC500 ~ Book PDF Kindle ePub Free
eBook details
- Title: Dockery v. Lampart Table Co.
- Author : Court of Appeals of North Carolina No. 7718SC500
- Release Date : January 16, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The sole question before us is whether the plaintiff's complaint sets forth a claim upon which relief can be granted and was, therefore, improperly dismissed. As the defendant made the motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), for failure to state a claim upon which relief can be granted, the allegations of the complaint must be taken as true for purposes of this appeal. Smith v. Ford Motor Co., 289 N.C. 71, 80, 221 S.E.2d 282, 288, 79 A.L.R. 3d 651, 662 (1976); Mazzucco v. Board of Medical Examiners, 31 N.C. App. 47, 50, 228 S.E.2d 529, 532, appeal dismissed, 291 N.C. 323, 230 S.E.2d 676 (1976). This is the proper method of testing the legal sufficiency of the complaint. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). We point out, however, that we express no opinion as to whether the allegations could be supported in fact.
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