Brandis v. Lightmotive Fatman, Inc.

EAGLES, Judge.

Plaintiff argues that the trial court erred in granting the G.S. 1A-1, Rule 12(b)(6) motion as to all of plaintiffs claims against defendant Lightmotive Fatman, Inc. We affirm in part and reverse in part.

I

Plaintiff argues that the trial court erred in granting defendant’s G.S. 1A-1, Rule 12(b)(6) motion as to the breach of contract claim. We agree and accordingly reinstate plaintiffs breach of contract claim.

Regarding a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), in Peoples Security Life Ins. Co. v. Hooks, 322 N.C. 216, 218, 367 S.E.2d 647, 648-49, reh’g denied, 322…