Sossamon v. Oaklawn Cemetery, Inc.

The question for decision is whether it is mandatory in an action on a written contract to make the entire writing a part of the complaint. The answer is “No,” especially where the part omitted from tbe complaint, as in tbe instant case, is in tbe possession of the-defendant. R. R. v. Robeson, 27 N. C., 391; Gorman v. Bellamy, 82 N. C., 497; Thompson v. Johnson, 202 N. C., 817, 164 S. E., 357; 21 R. C. L., 493.

An allegation containing tbe substance of tbe agreement, as in tbe present complaint, will suffice as against a demurrer. Ins. Co. v. Dey, 206 N. C., 368, 174 S. E., 89; Deloatch v.…