Seymour v. WS BOYD SALES COMPANY

In Supreme Court defendant demurred ore terms on the ground that the amended complaint does not state facts sufficient to constitute a cause of action. Hall v. Coach Co., 224 N.C. 781, 32 S.E. 2d 325. Construing the pleading liberally in favor of pleader, as we are required to do (Glover v. Brotherhood, 250 N.C. 35, 108 S.E. 2d 78), we find that it alleges facts sufficient for causes of action, (1) for breach of warranty of title and against encumbrances, and (2) for wrongful conversion. The demurrer is overruled.

There remains for decision the question: Did the court below err in striking the…