Gaines v. Long Manufacturing Co.

JoiiNSON, J".

The defendants by demurring to the sufficiency of the complaint to state a cause of action admit as true every material fact properly alleged. Gaines v. Long Manufacturing Company, Inc., post, 340; Hall v. Dairies, ante, 206; Bryant v. Ice Co., 233 N.C. 266, 63 S.E. 2d 547. Under the Code system of pleading which prevails in this jurisdiction, it is settled policy that actions shall be tried upon their merits, and to that end pleadings are construed liberally, with every reasonable intendment being adopted in favor of the pleader, so that a pleading will not be overthrown by a…