Booher v. Frue

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in dismissing their complaint setting forth claims for constructive fraud and constructive trust. We agree.

In order to survive a motion to dismiss under Rule 12(b)(6) a plaintiff must only “state enough to give the substantive elements of a legally recognized claim.” Raritan River Steel Co. v. Cherry, Bekaert and Holland, 79 N.C. App. 81, 85, 339 S.E. 2d 62, 65, disc, rev. granted, 316 N.C. 734, 345 S.E. 2d 392 (1986). To set out a claim for constructive fraud a complaint must allege facts “(1) which created the relation of trust and…