Miller v. Belk

BRITT, Judge.

Defendant’s first principal contention on appeal is that the complaint does not state a claim upon which relief can be granted and that this is necessary to support a default judgment. In determining the sufficiency of a complaint, we are guided by Justice Sharp’s discussion on the subject in Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970), as follows:

Under the “notice theory of pleading” a statement of claim is adequate if it gives sufficient notice of the claim asserted “to enable the adverse party to answer and prepare for trial, to allow for the application of the…