Nye v. Pure Oil Co.

This question is determinative of the appeal: What cause or causes of action, if any, has plaintiff stated?

Our statute, G.S. 1-122, says the complaint must contain “a plain and concise statement of the facts constituting a cause of action, *479without unnecessary repetition.” Strict adherence to this statutory requirement would perhaps have made this appeal unnecessary.

G.S. 1-151 says: “In the construction of a pleading for the purpose of determining its effect its allegations shall be liberally construed with a view to substantial justice between the parties.” With this command in mind, we have…