Talman v. Dixon

The contract forming the basis of plaintiff’s cause of action, being incorporated as a part of the complaint, fixed the rights and duties of the parties. Plaintiff’s allegation that defendants had, pursuant to that contract, agreed to convey title to the land was a mere conclusion of law resulting from his interpretation of the contract. It is not an allegation of fact admitted by the demurrer. Sossamon v. Cemetery, Inc., 212 N.C. 535, 193 S.E. 720; Horney v. Mills, 189 N.C. 724, 128 S.E. 324.

Looking at the contract, it is apparent that defendants did not agree to convey the land or a good…