Craven v. Dimmette

The parties are not in agreement as to whether plaintiff alleged a cause of action for fraud, or for breach of warranty. A cause of action consists of the facts alleged. Wyatt v. Equipment Co., 253 N.C. 355, 117 S.E. 2d 21 (1960).

In his amended complaint, plaintiff alleges:

“HI. That on or about the 10th day of August, 1966, the plaintiff purchased from the defendants a 16-foot Larson boat (motor No. 1945306) for a total price of $4,000.00 when boat was billed to the plaintiff as a NEW DEMONSTRATOR.

IY. Prior to, and at the time of the purchase of this boat by the plaintiff from the defendants,…