Legal Opinion

N.C. Land Co. v. . Beatty and Another

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 12 opinions

Civil action, tried before Albertson, J., at Spring Term, 1873, of Wake Superior Court. In the complaint it is alleged, 1. That the plaintiff is a corporation, by virtue of an Act of our General Assembly, with its principal office in Raleigh, and its business is to buy and sell land, and to sell land for others upon commission. 2. That defendants came to their office in July, 1871, to get the aid of the Company to sell a half interest in certain valuable lands in Chatham…

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Civil action, tried before Albertson, J., at Spring Term, 1873, of Wake Superior Court. In the complaint it is alleged, 1. That the plaintiff is a corporation, by virtue of an Act of our General Assembly, with its principal office in Raleigh, and its business is to buy and sell land, and to sell land for others upon commission. 2. That defendants came to their office in July, 1871, to get the aid of the Company to sell a half interest in certain valuable lands in Chatham county, known as the Ore Hill Mineral property. 3. That defendants represented that they had severally purchased from one…

1Opinion of the CourtRodman, J.

The Code of Civil Procedure (sec. 93) retquires every complaint to contain a statement of a cause of action, and each material allegation going to constitute the same shall be distinctly numbered. Several causes of action, may be united in the same complaint. (Sec. 126.), (What «causes of action may be united we will presently consider.) But each cause of action must be stated as such, and thus •separated from every other. (Sec. 126.) If several causes •of action are improperly united the defendant may demur. (See. 95.) The defendant demurs upon that ground in this •case.

On examining the…

2Cited by12 opinions

  1. Heath v. KirkmanSupreme Court of North Carolina · 1954
  2. Benton v. . CollinsSupreme Court of North Carolina · 1896
  3. Young v. YoungSupreme Court of North Carolina · 1879
  4. Benson v. BatteySupreme Court of Kansas · 1904
  5. State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897

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