Newman MacHine Company v. Newman

A demurrer tests the sufficiency of a pleading, admitting, for that purpose, the truth of factual averments well stated and such relevant inferences of fact as may be deduced therefrom. When pleadings are thus challenged they are to be liberally construed with a view to substantial justice between the parties. G.S. 1-127; G.S. 1-151; McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440 (1953). A demurrer admits the facts alleged but not the pleader’s legal conclusions. Gillispie v. Service Stores, 258 N.C. 487, 128 S.E. 2d 762 (1963). A complaint must be fatally defective before it will be…