Weant v. McCanless

A motion to strike a further defense, cross-action and counterclaim should not be allowed if tbe facts pleaded therein may be proven by competent evidence, and if so proven, such facts would constitute a defense in whole or in part to the affirmative relief sought in the complaint. Williams v. Thompson, 227 N.C. 166, 41 S.E. 2d 359.

The test as to whether pleadings are relevant, on a motion to strike, is whether the pleader would be entitled to introduce evidence in support of the allegations sought to be stricken. Williams v. Thompson, supra; Trust Co. v. Dunlop, 214 N.C. 196, 198 S.E. 645;…