Patterson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Upon a demurrer to a complaint for the reason that it fails to state a cause of action, the complaint must be construed as a whole, every reasonable intendment and presumption must be made in favor of the plaintiff and if, when it is so construed, facts sufficient to state a cause of action upon any theory are alleged therein, or may logically be inferred from the allegations thereof, the complaint must be sustained and the demurrer overruled. Hargrave v. Gardner, 264 N.C. 117, 141 S.E. 2d 36; Wilson v. Motor Lines, 207 N.C. 263, 176 S.E. 750; Scott v. Insurance Co., 205 N.C. 38, 169 S.E.…