Flexolite Electrical, Ltd. v. Gilliam

MARTIN (Harry C.), Judge.

Plaintiffs claim was improperly dismissed. A judgment on the pleadings in favor of a defendant who asserts the statute of limitations as a bar is proper when, and only when, all the facts necessary to establish the limitation are alleged or admitted. Huss v. Huss, 31 N.C. App. 463, 230 S.E. 2d 159 (1976); Land v. Pontiac, Inc., 6 N.C. App. 197, 169 S.E. 2d 537 (1969), cert. denied, 276 N.C. 85 (1970). In their motion to dismiss, defendants allege only that “it appears upon the face of the complaint that the contractual claims alleged by the plaintiff are barred by the…