Legal Opinion

Carolina Wire & Cable, Inc. v. Finnican

Court of Appeals of North Carolina

Decided April 1, 1980No. 7926SC658PublishedCited by 2 opinions

1Opinion of the Court

WELLS, Judge.

Plaintiff has brought forward only one exception and only one question for our review: Did the trial court err in ruling that plaintiff’s complaint failed to state a claim upon which relief could be granted?

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 res judicata, and to show the type of case brought. RGK, Inc. v. Guaranty Co., 292 N.C. 668, 235 S.E. 2d 234 (1977); Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161…

2Cases cited9 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
  3. Grant v. Emmco InsuranceSupreme Court of North Carolina · 1978
  4. Coley v. North Carolina National BankCourt of Appeals of North Carolina · 1979
  5. RGK, Inc. v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1977

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3Cited by2 opinions

  1. Murray v. Allstate InsuranceCourt of Appeals of North Carolina · 1981
  2. White v. WilliamsCourt of Appeals of North Carolina · 1993

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