Harwood v. Johnson

EAGLES, Judge.

Plaintiffs sole assignment of error is that the trial court erred in granting defendants’ motion to dismiss. For the reasons stated below, we affirm in part and reverse in part.

The trial court’s order did not state the basis on which it granted defendants’ motion to dismiss. The parties in their briefs have treated the issue as whether plaintiffs complaint states a claim upon which relief can be granted. For the purpose of passing upon a motion to dismiss for failure to state a claim upon which relief can be granted, G.S. 1A-1, Rule 12(b)(6), the factual allegations of the…