Lowe's of Raleigh, Inc. v. Worlds

The sole question presented by this appeal is whether the complaint stated a cause of action against the appealing defendant, Lois Worlds. A default judgment admits only the averments in the complaint, and the defendant may still show that such averments are insufficient to warrant the plaintiff’s recovery. Beard v. Sovereign Lodge, 184 N.C. 154, 113 S.E. 661. A complaint which fails to state a cause of action is not sufficient to support a default judgment for plaintiff. G.S. 1-211; Cohee v. Sligh, 259 N.C. 248, 130 S.E. 2d 310; Presnell v. Beshears, 227 N.C. 279, 41 S.E. 2d 835.…