Andresen v. Eastern Realty Co.

ARNOLD, Judge.

Plaintiffs lost this case under a G.S. 1A-1, Rule 12(b)(6) motion since the trial judge believed that they had failed to state a claim upon which relief could be granted. Although neither the defendants’ answer nor the court’s judgment mention the rule specifically, defendants’ answer and the judgment both speak in terms of dismissing the plaintiffs’ complaint. A G.S. 1A-1, Rule 12(b)(6) motion is a proper vehicle for dismissing a complaint when it fails to state a claim upon which relief can be granted.

We hold that it was error to dismiss plaintiffs’ complaint in this case. “A…