Gammon v. Clark

ARNOLD, Judge.

The sole question for decision is whether the complaint sets forth matters sufficient to constitute a cause of action. Judgment on the pleadings is proper only when the. pleadings fail to to present any issue of fact for the jury. Jones v. Warren, 274 N.C. 166, 161 S.E. 2d 467 (1968). See also Ragsdale v. Kennedy, 286 N.C. 130, 209 S.E. 2d 494 (1974) ; 6 Strong, N. C. Index 2d, Pleadings § 38, pp. 376-77.

The rule, as stated by Ervin, J., is as follows:

“When a party moves for judgment on the pleadings, he admits these two things for the purpose of his motion, namely: (1) The…