North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.

LAKE, Justice.

The Superior Court gave judgment on the pleadings dismissing the plaintiff’s action against Dickerson for the reason that the plaintiff’s claim is barred by the statute of limitations, having accrued more than three years prior to the institution of this action on 7 August 1973.

Such judgment on the pleadings is proper if, but only if, it appears upon the face of the complaint that the plaintiff’s right to recover is barred by the lapse of time properly pleaded. Speas v. Ford, 253 N.C. 770, 117 S.E. 2d 784 (1961); Nowell v. Hamilton, 249 N.C. 523, 107 S.E. 2d 112 (1959); Mobley…