Mack v. Marshall Field & Co.

Did the court below commit error in sustaining the demurrer ore tenus to the complaint and motions for judgment on the pleadings made by each of the defendants ? We think so under the facts and circumstances of this case.

In Leonard v. Maxwell, 216 N. C., 89 (91), citing authorities, it is stated: “The office of a demurrer is to test the sufficiency of a pleading,, admitting, for the purpose, the truth of factual averments well stated *59and sueb relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by tbe pleader.”

It is well…