Carver v. Roberts

MARTIN, Judge.

Plaintiffs contend by this appeal that the trial court erred by granting Roberts’ Rule 12(b)(6) motion to dismiss. Plaintiffs apparently concede that the allegations of their complaint were insufficiently particular to allege fraud by misrepresentation, under previous decisions of this court in Terry v. Terry, 302 N.C. 77, 273 S.E. 2d 674 (1981) and Coley v. North Carolina Nat’l Bank, 41 N.C. App. 121, 254 S.E. 2d 217 (1979). They argue, however, that their complaint was sufficient to allege a cause of action for fraudulent concealment of a material defect. We agree.

Fraud may be…