Gallimore v. Sink

HEDRICK, Judge.

The one question for resolution on this appeal is whether the allegations of plaintiff’s complaint are sufficient to state a claim upon which relief can be granted.

In North Carolina a complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim, or in the disclosure of…