Beacon Homes, Inc. v. Holt

When the appeal was called for argument in this Court the defendant demurred ore tenus to the complaint on the ground that it failed to state a cause of action. Upon such a demurrer the complaint must be construed as a whole. Little v. Little, 205 N.C. 1, 169 S.E. 799. The allegations of the complaint are to be construed liberally in favor of the plaintiff and all reasonable inferences are to be drawn. Hargrave v. Gardner, 264 N.C. 117, 141 S.E. 2d 36; Steele v. Cotton Mills, 231 N.C. 636, 58 S.E. 2d 620. If, when so construed, the complaint states a cause of action, in any view of it, the…