Lindley v. Yeatman

A demurrer to a complaint for failure to state facts sufficient to constitute a cause of action admits the truth of every material fact properly alleged. Gaines v. Long Mfg. Co., 234 N.C. 331, 67 S.E. 2d 355; Bryant v. Ice Co., 233 N.C. 266, 63 S.E. 2d 547. See also Scott v. Veneer Co., 240 N.C. 73, 81 S.E. 2d 146. However, it is to be noted that on demurrer only facts properly pleaded are to be considered, with legal inferences and conclusions of the pleader to be disregarded. Shives v. Sample, 238 N.C. 724, 79 S.E. 2d 193; Bank v. Gahagan, 210 N.C. 464, 187 S.E. 580; Brick Co. v. Gentry,…