Norman v. Nash Johnson & Sons' Farms, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
HORTON, Judge.
Plaintiffs appeal from the Rule 12(b)6) dismissal of their claims by the trial court. In reviewing the action of the trial court, we are to liberally construe the complaint and determine whether, as a matter of law, the allegations of the complaint, taken as true, are sufficient to state some legally recognized claim or claims upon which relief may be granted to plaintiffs. Harris v. NCNB, 85 N.C. App. 669, 670, 355 S.E.2d 838, 840 (1987). While the well-pled allegations of the complaint are taken as true, conclusions of law or “unwarranted deductions of fact” are not deemed…
2Cases cited54 opinions
- Sutton v. DukeSupreme Court of North Carolina · 1970
- Stary v. DeBordTexas Supreme Court · 1998
- Harris v. NCNB National Bank of North CarolinaCourt of Appeals of North Carolina · 1987
- Jones v. H. F. Ahmanson & Co.California Supreme Court · 1969
- Barger v. McCoy Hillard & ParksSupreme Court of North Carolina · 1997
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- Dove v. HarveyCourt of Appeals of North Carolina · 2005
- Woolard v. DavenportCourt of Appeals of North Carolina · 2004
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