J. B. Colt Co. v. Kimball

Upon tbe defendant’s pleading, it is apparent that fraud has not been sufficiently pleaded. It is accepted in this jurisdiction that the facts relied upon to constitute fraud, as well as the fraudulent intent, must be clearly alleged. Bank v. Seagroves, 166 N. C., 608; Beaman v. Ward, 132 N. C., 68, 71; Anderson v. Rainey, 100 N. C., 321, 334; McLean v. Manning, 60 N. C., 608; Machine Co. v. Feezer, 152 N. C., 516; Merrimon v. Paving Co., 142 N. C., 540. Fraud must be charged positively, and not by implication. Foy v. Stephens, 168 N. C., 438. The presumption is always in favor of .the…