Winders v. Hill.
Supreme Court of North Carolina
ActioN by J. B. Winders against E. J. Hill and I. E. Hill, beard by Judge W. R. Allen, upon defendants’ demurrer, at the January Special Term, 1906, of the Superior Court of Duplin. Erom a judgment overruling the demurrer, the defendants appealed.
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ActioN by J. B. Winders against E. J. Hill and I. E. Hill, beard by Judge W. R. Allen, upon defendants’ demurrer, at the January Special Term, 1906, of the Superior Court of Duplin. Erom a judgment overruling the demurrer, the defendants appealed. This action was brought by the plaintiff for the purpose of compelling specific performance of a contract ivhich he alleges was made by the defendant with him and by which the latter agreed to convey to him a tract of land described in the contract as follows: “Situated in Warsaw Township, Duplin County, N. C., extending from the corporate limits of…
1Opinion of the Court
Walker, J.,
after stating the case: The complaint contains so many evidentiary facts that we have experienced great difficulty in stating its substance, and at the same time preserving to the defendant the benefit of every fact which he is entitled to have considered in passing upon the demurrer, without the appearance of prolixity. The function of a complaint is not the narration of the evidence, but a statement of the substantive and constituent facts upon which the plaintiff’s claim to relief is founded. The bare statement of the ultimate facts is all that is required, and they are always…
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